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107_hr646	SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Reform Act''. SEC. 2. ESTABLISHMENT. There is established the Commission to Study the Structure and Reauthorization of the Federal Communications Commission (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall study and report on the organizational structure of the Federal Communications Commission, with an emphasis on determining-- (1) whether that structure should be changed to reflect the current state of telecommunications, including the rise of the Internet; and (2) whether there should be a reduction in the number of commissioners. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 7 members, appointed as follows: (1) 2 members appointed by the Speaker of the House of Representatives in consultation with the Chairman of the Committee on Commerce of the House of Representatives and in accordance with subsection (c). (2) 2 members appointed by the majority leader of the Senate in consultation with the Chairman of the Committee on Commerce, Science, and Transportation of the Senate and in accordance with subsection (c). (3) 2 members appointed by the minority leader of the House of Representatives in consultation with the ranking minority member of the Committee on Commerce of the House of Representatives. (4) 1 member appointed by the Chairman and ranking minority member of the Committee on Commerce of the House of Representatives acting jointly. (b) Appointments Deadline.--All appointments under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. (c) Appointments of Former Commissioners.--The Speaker of the House of Representatives and the majority leader of the Senate shall each, under subsection (a), appoint as a member of the Commission at least 1 former commissioner of the Federal Communications Commission. (d) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.-- (1) Rates of pay.--Members shall receive no pay for their service on the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--4 members shall constitute a quorum, but a lesser number may hold hearings. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Obtaining Official Data.-- (1) In general.--Subject to section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, and section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of such a department or agency shall furnish that information to the Commission. (2) Interviews.--Each commissioner of the Federal Communications Commission shall, upon request of the Commission, provide the Commission a reasonable opportunity to interview such commissioner for the purpose of facilitating the work of the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) General Accounting Office Assistance.--Upon the request of the Commission, the Comptroller General of the United States shall assist the Commission in carrying out this Act. (h) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies and other services. SEC. 6. REPORT. Not later than 6 months after the date of the enactment of this Act, the Commission shall transmit to the Congress a report on the findings and conclusions of the Commission. SEC. 7. TERMINATION. The Commission shall terminate upon transmission of the report required by section 6.	Federal Communications Commission Reform Act - Establishes the Commission to Study the Structure and Reauthorization of the Federal Communications Commission to study and report to Congress on the Commission's organizational structure with an emphasis on determining: (1) whether that structure should be changed to reflect the current state of telecommunications. And (2) whether there should be a reduction in the number of commissioners.	To establish the Commission to Study the Structure and Reauthorization of the Federal Communications Commission.	5,613	440	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Communications Commission Reform Act". <SECTION-HEADER> ESTABLISHMENT. There is established the Commission to Study the Structure and Reauthorization of the Federal Communications Commission . <SECTION-HEADER> DUTIES OF COMMISSION. The Commission shall study and report on the organizational structure of the Federal Communications Commission, with an emphasis on determining whether that structure should be changed to reflect the current state of telecommunications, including the rise of the Internet. And whether there should be a reduction in the number of commissioners. <SECTION-HEADER> MEMBERSHIP. Number and Appointment. The Commission shall be composed of 7 members, appointed as follows: 2 members appointed by the Speaker of the House of Representatives in consultation with the Chairman of the Committee on Commerce of the House of Representatives and in accordance with subsection (c). 2 members appointed by the majority leader of the Senate in consultation with the Chairman of the Committee on Commerce, Science, and Transportation of the Senate and in accordance with subsection (c). 2 members appointed by the minority leader of the House of Representatives in consultation with the ranking minority member of the Committee on Commerce of the House of Representatives. 1 member appointed by the Chairman and ranking minority member of the Committee on Commerce of the House of Representatives acting jointly. Appointments Deadline. All appointments under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. Appointments of Former Commissioners. The Speaker of the House of Representatives and the majority leader of the Senate shall each, under subsection (a), appoint as a member of the Commission at least 1 former commissioner of the Federal Communications Commission. Terms. In general. Each member shall be appointed for the life of the Commission. Vacancies. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Basic Pay. Rates of pay. Members shall receive no pay for their service on the Commission. Travel expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. Quorum. 4 members shall constitute a quorum, but a lesser number may hold hearings. <SECTION-HEADER> POWERS OF COMMISSION. Hearings and Sessions. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Powers of Members and Agents. Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. Obtaining Official Data. In general. Subject to section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, and section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of such a department or agency shall furnish that information to the Commission. Interviews. Each commissioner of the Federal Communications Commission shall, upon request of the Commission, provide the Commission a reasonable opportunity to interview such commissioner for the purpose of facilitating the work of the Commission. Gifts, Bequests, and Devises. The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Commission. Mails. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. Administrative Support Services. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. General Accounting Office Assistance. Upon the request of the Commission, the Comptroller General of the United States shall assist the Commission in carrying out this Act. Contract Authority. The Commission may contract with and compensate government and private agencies or persons for supplies and other services. <SECTION-HEADER> REPORT. Not later than 6 months after the date of the enactment of this Act, the Commission shall transmit to the Congress a report on the findings and conclusions of the Commission. <SECTION-HEADER> TERMINATION. The Commission shall terminate upon transmission of the report required by section 6.	Federal Communications Commission Reform Act - Establishes the Commission to Study the Structure and Reauthorization of the Federal Communications Commission to study and report to Congress on the Commission's organizational structure with an emphasis on determining: (1) whether that structure should be changed to reflect the current state of telecommunications. And (2) whether there should be a reduction in the number of commissioners.	To establish the Commission to Study the Structure and Reauthorization of the Federal Communications Commission.
107_hr2394	SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel and National Security Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Domestic steel capacity is an essential part of the domestic industrial and technological base, as described in Executive Order Numbered 12919. (2) Executive Order Numbered 12919-- (A) designates the Nation's domestic industrial and technological base as the foundation for national defense preparedness; and (B) directs that authority provided under the Defense Production Act of 1950 be used to strengthen the domestic industrial and technological base to ensure that such base is capable of responding to all threats to the national security of the United States. (3) The influx of cheap imported steel illegally dumped on the United States has brought about a crisis in the United States' steel industry that threatens the viability of domestic steel production. SEC. 3. PRODUCTIVE CAPACITY AND SUPPLY. (a) Authorization of Appropriation.--Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended to read as follows: ``(b) Title III Authorization.-- ``(1) In general.--There are authorized to be appropriated for each of fiscal years 2002, 2003, and 2004 not to exceed $1,000,000,000. ``(2) Purchase commitments.--Not less than 50 percent of the amount appropriated under paragraph (1) for any fiscal year is authorized to be appropriated solely for purchase commitments.''. (b) National Defense Preparedness Domestic Industrial Base Board.-- Title III of the Defense Production Act of 1950 (50 U.S.C. App. 2091 et seq.) is amended by adding at the end the following new section: ``SEC. 311. NATIONAL DEFENSE PREPAREDNESS DOMESTIC INDUSTRIAL BASE BOARD. ``(a) Establishment.--There is hereby established a board to be known as the National Defense Preparedness Domestic Industrial Base Board (hereafter in this section referred to as the `Board'). ``(b) Membership.-- ``(1) Number and appointment.--The Board shall consist of 5 members appointed by the President, from among individuals who-- ``(A) are or have been affiliated with the Department of Defense or a military department (as defined in section 101 of title 10, United States Code; and ``(B) have experience preparing the United States for a national security emergency or managing the development and acquisition of weapons or other defense products. ``(2) Political affiliation.--Not more than 3 members may be of the same political party. ``(3) Terms.-- ``(A) In general.--Each member shall be appointed a term of 5 years, except as provided in subparagraphs (A) and (B) ``(B) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- ``(i) 1 shall be appointed for a term of 5 years; ``(ii) 1 shall be appointed for a term of 4 years; ``(iii) 1 shall be appointed for a term of 3 years; ``(iv) 1 shall be appointed for a term of 2 years; and ``(v) 1 shall be appointed for a term of 1 year. ``(4) Vacancies.-- ``(A) Appointment for balance of term.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. ``(B) Continuation of service.--A member may serve after the expiration of that member's term until a successor has taken office. ``(C) Appointment to vacancy.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. ``(5) Prohibition of compensation of federal employees.-- Members of the Board who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. ``(6) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(7) Quorum.--3 members of the Board shall constitute a quorum but a lesser number may hold hearings. ``(c) Chairperson.--The Chairperson of the Board shall be designated by the President at the time of the appointment. ``(d) Duties.-- ``(1) In general.--The Board shall take such action as may be necessary to ensure uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. ``(2) One-time en masse purchases.-- ``(A) In general.--The Board may, in the Board's discretion, purchase domestic products, materials, or industrial resources from a domestic concern that is at risk of bankruptcy and whose failure would threaten a critical industry for national security, including the steel industry, in which such concern is involved. ``(B) Storage for use.--Any product or material purchased by the Board under subparagraph (A) shall be kept in storage for use in the event of a national emergency, in accordance with the Strategic and Critical Materials Stock Piling Act, or as the Secretary of Defense or the Secretary of Energy may otherwise provide. ``(3) Study and monitor critical industries.--The Board shall study and monitor critical industries, including the steel industry, for national security and domestic concerns involved in any such industry to determine which are in danger of failing or otherwise losing the capacity to provide for national security. ``(4) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Domestic concern.--The term `domestic concern' has the same meaning given in section 104(h)(1) of the Foreign Corrupt Practices Act of 1977. ``(B) Domestic product, material, or industrial resource.--The term `domestic products, materials, or industrial resources' means-- ``(i) in the case of unmanufactured products, materials, or industrial resources, products, materials, or resources all or substantially all of which were mined or produced in the United States; and ``(ii) in the case of manufactured or processed products, materials and industrial resources-- ``(I) all or substantially all of the component products, materials, or resources were mined or produced in the United States; and ``(II) all or substantially all of the manufacturing, processing, fabrication, or assembly of such product, material or resource was conducted within the United States. ``(e) Powers of the Board.-- ``(1) Hearings and sessions.-- ``(A) In general.--The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate. ``(B) Oaths and affirmations.--The Board may administer oaths or affirmations to witnesses appearing before it. ``(2) Obtaining official data.-- ``(A) In general.--Notwithstanding any other provision of law, the Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. ``(B) Request for information.--Upon request of the Chairperson of the Board, the head of the department or agency receiving the request for information under subparagraph (A) shall furnish that information to the Board. ``(3) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. ``(4) Administrative support services.--Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out this section. ``(f) Staff.-- ``(1) Appointment.--The Board may appoint and fix the pay of a Director and such additional personnel as the Board considers appropriate. ``(2) Experts and consultants.--The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(3) Staff of federal agencies.--Upon request of the Board, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist the Board in carrying out this section.''. SEC. 4. MANDATORY REVIEW OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF DOMESTIC STEEL COMPANIES BY FOREIGN COMPANIES. Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(b)) is amended by inserting before the period at the end of the 1st sentence ``or in any instance in which a person of a foreign country (as defined in section 3502(d) of the Omnibus Trade and Competitiveness Act of 1988) seeks to engage in any merger, acquisition, or takeover that could result in the control by such person of a domestic steel company''. SEC. 5. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950. Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2004''.	Steel and National Security Act - Amends the Defense Production Act of 1950 to extend through FY 2004: (1) the authorization of appropriations for domestic industrial and technological productive capacity and supply, requiring no less than 50 percent of amounts appropriated to be used solely for purchase commitments. And (2) the authority of such Act. Establishes the National Defense Preparedness Domestic Industrial Base Board to: (1) undertake necessary actions to ensure the uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. And (2) study and monitor critical industries, including steel, to determine which are in danger of failing or otherwise losing the capacity to provide for national security. Requires mandatory review of any merger, acquisition, or takeover of any domestic steel company by a foreign person.	To amend the Defense Production Act of 1950 to establish the National Defense Preparedness Domestic Industrial Base Board, and for other purposes.	11,684	933	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Steel and National Security Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: Domestic steel capacity is an essential part of the domestic industrial and technological base, as described in Executive Order Numbered 12919. Executive Order Numbered 12919 designates the Nation's domestic industrial and technological base as the foundation for national defense preparedness. And directs that authority provided under the Defense Production Act of 1950 be used to strengthen the domestic industrial and technological base to ensure that such base is capable of responding to all threats to the national security of the United States. The influx of cheap imported steel illegally dumped on the United States has brought about a crisis in the United States' steel industry that threatens the viability of domestic steel production. <SECTION-HEADER> PRODUCTIVE CAPACITY AND SUPPLY. Authorization of Appropriation. Section 711(b) of the Defense Production Act of 1950 (50 USC. App. 2161(b)) is amended to read as follows: Title III Authorization. In general. There are authorized to be appropriated for each of fiscal years 2002, 2003, and 2004 not to exceed $1,000,000,000. Purchase commitments. Not less than 50 percent of the amount appropriated under paragraph (1) for any fiscal year is authorized to be appropriated solely for purchase commitments.". National Defense Preparedness Domestic Industrial Base Board. Title III of the Defense Production Act of 1950 is amended by adding at the end the following new section: "Section 311. NATIONAL DEFENSE PREPAREDNESS DOMESTIC INDUSTRIAL BASE BOARD. Establishment. There is hereby established a board to be known as the National Defense Preparedness Domestic Industrial Base Board . Membership. Number and appointment. The Board shall consist of 5 members appointed by the President, from among individuals who are or have been affiliated with the Department of Defense or a military department (as defined in section 101 of title 10, United States Code. And have experience preparing the United States for a national security emergency or managing the development and acquisition of weapons or other defense products. Political affiliation. Not more than 3 members may be of the same political party. Terms. In general. Each member shall be appointed a term of 5 years, except as provided in subparagraphs and (B) Terms of initial appointees. As designated by the President at the time of appointment, of the members first appointed 1 shall be appointed for a term of 5 years, 1 shall be appointed for a term of 4 years, 1 shall be appointed for a term of 3 years, 1 shall be appointed for a term of 2 years. And 1 shall be appointed for a term of 1 year. Vacancies. Appointment for balance of term. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. Continuation of service. A member may serve after the expiration of that member's term until a successor has taken office. Appointment to vacancy. A vacancy in the Board shall be filled in the manner in which the original appointment was made. Prohibition of compensation of federal employees. Members of the Board who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. Travel expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. Quorum. 3 members of the Board shall constitute a quorum but a lesser number may hold hearings. Chairperson. The Chairperson of the Board shall be designated by the President at the time of the appointment. Duties. In general. The Board shall take such action as may be necessary to ensure uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. One-time en masse purchases. In general. The Board may, in the Board's discretion, purchase domestic products, materials, or industrial resources from a domestic concern that is at risk of bankruptcy and whose failure would threaten a critical industry for national security, including the steel industry, in which such concern is involved. Storage for use. Any product or material purchased by the Board under subparagraph (A) shall be kept in storage for use in the event of a national emergency, in accordance with the Strategic and Critical Materials Stock Piling Act, or as the Secretary of Defense or the Secretary of Energy may otherwise provide. Study and monitor critical industries. The Board shall study and monitor critical industries, including the steel industry, for national security and domestic concerns involved in any such industry to determine which are in danger of failing or otherwise losing the capacity to provide for national security. Definitions. For purposes of this subsection, the following definitions shall apply: Domestic concern. The term `domestic concern' has the same meaning given in section 104(h)(1) of the Foreign Corrupt Practices Act of 1977. Domestic product, material, or industrial resource. The term `domestic products, materials, or industrial resources' means in the case of unmanufactured products, materials, or industrial resources, products, materials, or resources all or substantially all of which were mined or produced in the United States. And in the case of manufactured or processed products, materials and industrial resources all or substantially all of the component products, materials, or resources were mined or produced in the United States. And all or substantially all of the manufacturing, processing, fabrication, or assembly of such product, material or resource was conducted within the United States. Powers of the Board. Hearings and sessions. In general. The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate. Oaths and affirmations. The Board may administer oaths or affirmations to witnesses appearing before it. Obtaining official data. In general. Notwithstanding any other provision of law, the Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Request for information. Upon request of the Chairperson of the Board, the head of the department or agency receiving the request for information under subparagraph (A) shall furnish that information to the Board. Mails. The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. Administrative support services. Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out this section. Staff. Appointment. The Board may appoint and fix the pay of a Director and such additional personnel as the Board considers appropriate. Experts and consultants. The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Staff of federal agencies. Upon request of the Board, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist the Board in carrying out this section.". <SECTION-HEADER> MANDATORY REVIEW OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF DOMESTIC STEEL COMPANIES BY FOREIGN COMPANIES. Section 721(b) of the Defense Production Act of 1950 (50 USC. App. 2170(b)) is amended by inserting before the period at the end of the 1st sentence "or in any instance in which a person of a foreign country (as defined in section 3502 seeks to engage in any merger, acquisition, or takeover that could result in the control by such person of a domestic steel company". <SECTION-HEADER> EXTENSION OF DEFENSE PRODUCTION ACT OF 1950. Section 717(a) of the Defense Production Act of 1950 (50 USC. App. 2166(a)) is amended by striking "September 30, 2001" and inserting "September 30, 2004".	Steel and National Security Act - Amends the Defense Production Act of 1950 to extend through FY 2004: (1) the authorization of appropriations for domestic industrial and technological productive capacity and supply, requiring no less than 50 percent of amounts appropriated to be used solely for purchase commitments. And (2) the authority of such Act. Establishes the National Defense Preparedness Domestic Industrial Base Board to: (1) undertake necessary actions to ensure the uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. And (2) study and monitor critical industries, including steel, to determine which are in danger of failing or otherwise losing the capacity to provide for national security. Requires mandatory review of any merger, acquisition, or takeover of any domestic steel company by a foreign person.	To amend the Defense Production Act of 1950 to establish the National Defense Preparedness Domestic Industrial Base Board, and for other purposes.
111_hr2354	SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Promotion Funding Integrated Research, Synthesis, and Training Act'' or the ``Health Promotion FIRST Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lifestyle factors are responsible for almost half of the premature deaths in developed nations and a large portion of the deaths in developing nations. (2) Lifestyle factors are a primary cause of the 6 leading causes of death in the United States, including heart disease, cancer, stroke, respiratory diseases, accidents, and diabetes, which account for almost 75 percent of all deaths in the United States. (3) A significant portion of the health disparities in the United States are caused by lifestyle factors, which could be improved by health promotion programs. (4) The United States is experiencing epidemics in diabetes and obesity among adults and children, at the same time a majority of the population is sedentary and eats an unhealthy diet. (5) Per capita medical care costs in the United States are more than double those of all but 4 other countries in the world, yet the United States ranks 42nd in the world in life expectancy. (6) Medical care costs are second only to education in State government budgets. (7) Lifestyle factors are responsible for at least 25 percent of employer's medical care costs in the United States. (8) National costs of obesity account for 9.1 percent of all medical costs, reaching $93,000,000 in 2002. Approximately \1/2\ of these costs were paid by the Medicare & Medicaid Programs. (9) More than 440,000 people die each year from tobacco use and more than 12,000,000 are living with chronic conditions caused by tobacco. Tobacco accounts for at least $96,000,000,000 in direct medical expenditures. (10) Significant gaps exist in the basic and applied research base of health promotion regarding how to best reach and serve people of color, low-income people, people with little formal education, children, and older adults, how to create long-term health improvements, how to create supportive environments, and how to address gender issues. More focused research can reduce these gaps. (11) Significant gaps exist between the best and the typical health promotion programs. Better synthesis and dissemination of results can reduce these gaps. (12) Health promotion is the art and science of motivating people to enhance their lifestyles to achieve complete health, not just the absence of disease. Complete health involves a balance of physical, mental, and social health. (13) Health promotion programs focus on practices such as exercising regularly, eating a nutritious diet, maintaining a healthy weight, managing stress, avoiding dangerous substances such as tobacco and illegal drugs, drinking alcohol in moderation or not at all, driving safely, being wise consumers of health care, and a number of other health related practices. (14) The most effective health promotion programs include a combination of strategies to increase awareness, enhance motivation, facilitate behavior change, and develop cultures and physical environments that encourage and support healthy lifestyle practices. (15) Health promotion programs can be provided in family, clinical, child care, school, workplace, Federal, State, and community settings. (16) People living in rural areas have additional unique challenges of high risk work environments, more limited access to major educational and medical complexes, as well as facilities for fitness and recreational facilities and in some cases to grocery stores. (17) Individuals with physical disabilities respond very well to exercise treatment. This is a core component of all high quality physical therapy programs. However, additional research and more intensive efforts to disseminate information in this area are necessary. SEC. 3. HEALTH PROMOTION RESEARCH AND DISSEMINATION. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXI--HEALTH PROMOTION RESEARCH AND DISSEMINATION ``Subtitle A--Coordination of Programs of the Department of Health and Human Services ``SEC. 3101. PLAN FOR HEALTH PROMOTION PROGRAMS. ``(a) In General.--The Secretary shall develop, and periodically review and as appropriate revise, a plan in accordance with this section for activities of the Department of Health and Human Services relating to health promotion. The plan shall include provisions for coordinating all such activities of the Department, including activities under section 1701 to-- ``(1) formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care; ``(2) analyze the necessary and available resource for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis; ``(3) undertake and support necessary activities and programs to-- ``(A) incorporate appropriate health promotion concepts into our society, especially into all aspects of education and health care; ``(B) increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living; and ``(C) establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts; and ``(4) undertake and support research and demonstration programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care. ``(b) Basic and Applied Science.--The plan developed under subsection (a) shall contain provisions to address how to best develop the basic and applied science of health promotion, including-- ``(1) a research agenda; ``(2) an identification of the best combination of Federal agency, university, and other community resources most qualified to pursue each of the components of such agenda; ``(3) protocols to facilitate ongoing cooperation and collaboration among the Federal agencies to pursue the agenda; and ``(4) budgetary requirements with respect to the agenda. ``(c) Dissemination of Information.--The plan developed under subsection (a) shall contain provisions to address how to best synthesize and disseminate health promotion research findings to scientists, professionals, and the public, including provisions for the following: ``(1) Protocols for ongoing monitoring of all health promotion research. ``(2) Preparation of systematic reviews and meta-analyses. ``(3) Distillation of findings into practice guidelines for programs offered in clinical, workplace, school, home, neighborhood, municipal, and State settings. ``(4) Strategies to incorporate findings into college, university, and continuing educational curriculum for all related health professions. ``(5) Communication of key findings to policy makers in business, government, educational and community settings who influence investment decisions. ``(6) Identification of the optimal combination of government agencies to coordinate the matters referred to in paragraphs (1) through (5). ``(d) Rural and Low-Income Needs.--The plan developed under subsection (a) shall contain strategies to best meet the health promotion needs of individuals in rural areas and low-income inner city areas. ``(e) Support and Development of Professional and Scientific Community.--The plan developed under subsection (a) shall contain provisions to address how to best support and develop the health promotion professional and scientific community through enhancement of existing or development of new professional organizations. ``(f) Integration of Health Promotion; Internal Department Activities.--The plan developed under subsection (a) shall contain provisions to address how resources, policies, structures, and legislation within the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and make health promoting opportunities available to all members of the public. ``(g) Integration of Health Promotion External Activities.--The plan developed under subsection (a) shall contain provisions to address how overall Federal Government policies, structures, and legislation external to the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and to make health promoting opportunities available to all individuals. ``(h) Other Federal Strategic Plans.--The Secretary shall request the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Commerce, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Education, the Secretary of State, the Secretary of Energy, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Veterans Affairs, and the Secretary of Housing and Urban Development to develop strategic plans for the use by each respective Federal agency of the resources and authorities of such agency to enhance the health and well-being of the American people by providing access to more opportunities for physical activity, enhancing access to more nutritious foods at more affordable prices, and reducing exposure to toxic substances such as secondhand smoke. Each such Secretary shall solicit suggestions and advice from experts of the type described in subsection (i). ``(i) Perspectives.--Due to 30 years of experience showing that traditional medical and educational approaches are not sufficient to motivate people to make and sustain basic health behavior changes, in developing the plan under subsection (a), the Secretary shall seek perspectives from individuals representing a diverse range of disciplines, including the following areas: ``(1) Agriculture. ``(2) Anthropology. ``(3) Child development. ``(4) City planning. ``(5) Commerce. ``(6) Economics. ``(7) Environmental planning and design. ``(8) Exercise physiology. ``(9) Financial analysis. ``(10) Health education. ``(11) Health policy. ``(12) Individual psychology. ``(13) Management. ``(14) Medicine. ``(15) Nursing. ``(16) Nutrition. ``(17) Organization psychology. ``(18) Taxation. ``(19) Transportation planning. ``Subtitle B--Science Programs Through National Institutes of Health ``SEC. 3111. SCIENCE OF HEALTH PROMOTION. ``(a) Plan.--The Director of the National Institutes of Health (referred to in this subtitle as `NIH'), acting through the Office of Behavioral and Social Sciences Research, shall develop, and periodically review and as appropriate revise, a plan on how to best develop the science of health promotion through the NIH agencies. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan under section 3101(a). ``(b) Certain Components of Plan.--The plan developed under subsection (a) shall include the following provisions: ``(1) A research agenda to develop the science of health promotion. ``(2) Recommendations on funding levels for the various areas of research on such agenda. ``(3) Recommendations on the best combination of NIH agencies and non-Federal entities to carry out research under the agenda. ``(c) Allocation of Resources.--Subject to compliance with appropriation Acts, the plan developed under subsection (a) shall provide for the allocation of resources for research under such plan relative to other areas of health, as appropriate taking into account the burden of lifestyle factors on morbidity and mortality, and the progress likely in advancing the science of health promotion given the current and evolving level of science on health promotion, and the relative cost of conducting research on health promotion compared to other areas of research. ``SEC. 3112. EARLY RESEARCH PROGRAMS. ``The Director of NIH, acting through the Office of Behavioral and Social Sciences Research, shall conduct or support early research programs and research training regarding health promotion. ``Subtitle C--Applied Research Programs Through Centers for Disease Control and Prevention ``SEC. 3121. RESEARCH AGENDA. ``The Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this subtitle as the `Director of CDC'), shall develop, and periodically review and as appropriate revise, a plan that establishes for such Centers a research agenda regarding health promotion. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan developed under section 3101(a). ``SEC. 3122. PREVENTION RESEARCH CENTERS. ``(a) In General.--The Director of the National Center for Chronic Disease Prevention and Health Promotion (referred to in this section as the `Director') shall expand the eligibility of entities for Prevention Research Centers (referred to in this section as `Centers') grants to include the entities described in subsection (b). The Center for Chronic Disease Prevention and Health Promotion shall retain the authority to specify the qualities of entities it deems to be most important in performing the responsibilities of Centers and shall retain the responsibility for judging which organizations possess these qualities. ``(b) Entities Described.--The entities described in this subsection include-- ``(1) institutions of higher education; ``(2) public and private research institutions; ``(3) departments or schools of-- ``(A) business; ``(B) city planning; ``(C) education; ``(D) nursing; ``(E) psychology; ``(F) public policy; ``(G) transportation; ``(H) social work; ``(I) agriculture; ``(J) nutrition; ``(K) engineering; ``(L) architecture; ``(M) exercise science; ``(N) health promotion; ``(O) population health; ``(P) preventive medicine; ``(Q) public health; and ``(R) any other program that can make a compelling connection to improving the health of the public; and ``(4) private research, membership, or service organizations. ``Subtitle D--Other Programs and Policies ``SEC. 3131. MODIFICATION OF APPLICATIONS AWARD PROCESS TO ATTRACT MOST QUALIFIED SCIENTISTS AND PRACTITIONERS; DEVELOPING HEALTH PROMOTION INFRASTRUCTURE. ``(a) Modification of Awards Application Process.--In awarding grants, cooperative agreements, and contracts under this title, the Secretary shall modify the application process to attract the most qualified individuals and organizations. ``(b) General Priority of Developing Health Promotion Infrastructure.--The Secretary shall ensure that programs carried out pursuant to this title are consistent with the general priority of developing the health promotion infrastructure among universities, nonprofit organizations, and for-profit organizations, rather than increasing the size of State or local governments or the Federal Government.''.	Health Promotion Funding Integrated Research, Synthesis, and Training Act or the Health Promotion FIRST Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to develop a plan for health promotion that includes coordinating the health promotion activities of HHS and addressing how best to: (1) develop the basic and applied science of health promotion, (2) synthesize and disseminate health promotion research. (3) meet health promotion needs in rural and low-income inner city areas, (4) support and develop the health promotion and scientific community. And (5) modify or develop resources, policies, structure, and legislation to integrate health promotion into all health professions and sectors of society. Requires the Secretary to request other federal agencies to develop health promotion strategic plans. Requires the Director of the National Institutes of Health (NIH), acting through the Office of Behavioral and Social Sciences Research, to: (1) develop a plan on how best to develop the science of health promotion through NIH agencies. And (2) conduct or support early research programs and research training regarding health promotion. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan to establish a research agenda regarding health promotion for CDC. Requires the Director of the National Center for Chronic Disease Prevention and Health Promotion to award grants to develop Health Promotion Research Centers. Requires the Secretary to modify the application process for grants, cooperative agreements, and contracts awarded under this Act to attract the most qualified individuals and organizations.	To provide for increased research, coordination, and expansion of health promotion programs through the Department of Health and Human Services.	17,322	1,744	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Health Promotion Funding Integrated Research, Synthesis, and Training Act" or the "Health Promotion FIRST Act". <SECTION-HEADER> FINDINGS. Congress makes the following findings: Lifestyle factors are responsible for almost half of the premature deaths in developed nations and a large portion of the deaths in developing nations. Lifestyle factors are a primary cause of the 6 leading causes of death in the United States, including heart disease, cancer, stroke, respiratory diseases, accidents, and diabetes, which account for almost 75 percent of all deaths in the United States. A significant portion of the health disparities in the United States are caused by lifestyle factors, which could be improved by health promotion programs. The United States is experiencing epidemics in diabetes and obesity among adults and children, at the same time a majority of the population is sedentary and eats an unhealthy diet. Per capita medical care costs in the United States are more than double those of all but 4 other countries in the world, yet the United States ranks 42nd in the world in life expectancy. Medical care costs are second only to education in State government budgets. Lifestyle factors are responsible for at least 25 percent of employer's medical care costs in the United States. National costs of obesity account for 9.1 percent of all medical costs, reaching $93,000,000 in 2002. Approximately 12 of these costs were paid by the Medicare Medicaid Programs. More than 440,000 people die each year from tobacco use and more than 12,000,000 are living with chronic conditions caused by tobacco. Tobacco accounts for at least $96,000,000,000 in direct medical expenditures. Significant gaps exist in the basic and applied research base of health promotion regarding how to best reach and serve people of color, low-income people, people with little formal education, children, and older adults, how to create long-term health improvements, how to create supportive environments, and how to address gender issues. More focused research can reduce these gaps. Significant gaps exist between the best and the typical health promotion programs. Better synthesis and dissemination of results can reduce these gaps. Health promotion is the art and science of motivating people to enhance their lifestyles to achieve complete health, not just the absence of disease. Complete health involves a balance of physical, mental, and social health. Health promotion programs focus on practices such as exercising regularly, eating a nutritious diet, maintaining a healthy weight, managing stress, avoiding dangerous substances such as tobacco and illegal drugs, drinking alcohol in moderation or not at all, driving safely, being wise consumers of health care, and a number of other health related practices. The most effective health promotion programs include a combination of strategies to increase awareness, enhance motivation, facilitate behavior change, and develop cultures and physical environments that encourage and support healthy lifestyle practices. Health promotion programs can be provided in family, clinical, child care, school, workplace, Federal, State, and community settings. People living in rural areas have additional unique challenges of high risk work environments, more limited access to major educational and medical complexes, as well as facilities for fitness and recreational facilities and in some cases to grocery stores. Individuals with physical disabilities respond very well to exercise treatment. This is a core component of all high quality physical therapy programs. However, additional research and more intensive efforts to disseminate information in this area are necessary. <SECTION-HEADER> HEALTH PROMOTION RESEARCH AND DISSEMINATION. The Public Health Service Act is amended by adding at the end the following: "TITLE XXXI HEALTH PROMOTION RESEARCH AND DISSEMINATION "Subtitle A Coordination of Programs of the Department of Health and Human Services "Section 3101. PLAN FOR HEALTH PROMOTION PROGRAMS. In General. The Secretary shall develop, and periodically review and as appropriate revise, a plan in accordance with this section for activities of the Department of Health and Human Services relating to health promotion. The plan shall include provisions for coordinating all such activities of the Department, including activities under section 1701 to formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care. Analyze the necessary and available resource for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis. Undertake and support necessary activities and programs to incorporate appropriate health promotion concepts into our society, especially into all aspects of education and health care. Increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living. And establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts. And undertake and support research and demonstration programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care. Basic and Applied Science. The plan developed under subsection (a) shall contain provisions to address how to best develop the basic and applied science of health promotion, including a research agenda. An identification of the best combination of Federal agency, university, and other community resources most qualified to pursue each of the components of such agenda. Protocols to facilitate ongoing cooperation and collaboration among the Federal agencies to pursue the agenda. And budgetary requirements with respect to the agenda. Dissemination of Information. The plan developed under subsection (a) shall contain provisions to address how to best synthesize and disseminate health promotion research findings to scientists, professionals, and the public, including provisions for the following: Protocols for ongoing monitoring of all health promotion research. Preparation of systematic reviews and meta-analyses. Distillation of findings into practice guidelines for programs offered in clinical, workplace, school, home, neighborhood, municipal, and State settings. Strategies to incorporate findings into college, university, and continuing educational curriculum for all related health professions. Communication of key findings to policy makers in business, government, educational and community settings who influence investment decisions. Identification of the optimal combination of government agencies to coordinate the matters referred to in paragraphs (1) through (5). Rural and Low-Income Needs. The plan developed under subsection (a) shall contain strategies to best meet the health promotion needs of individuals in rural areas and low-income inner city areas. Support and Development of Professional and Scientific Community. The plan developed under subsection (a) shall contain provisions to address how to best support and develop the health promotion professional and scientific community through enhancement of existing or development of new professional organizations. Integration of Health Promotion. Internal Department Activities. The plan developed under subsection (a) shall contain provisions to address how resources, policies, structures, and legislation within the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and make health promoting opportunities available to all members of the public. Integration of Health Promotion External Activities. The plan developed under subsection (a) shall contain provisions to address how overall Federal Government policies, structures, and legislation external to the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and to make health promoting opportunities available to all individuals. Other Federal Strategic Plans. The Secretary shall request the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Commerce, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Education, the Secretary of State, the Secretary of Energy, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Veterans Affairs, and the Secretary of Housing and Urban Development to develop strategic plans for the use by each respective Federal agency of the resources and authorities of such agency to enhance the health and well-being of the American people by providing access to more opportunities for physical activity, enhancing access to more nutritious foods at more affordable prices, and reducing exposure to toxic substances such as secondhand smoke. Each such Secretary shall solicit suggestions and advice from experts of the type described in subsection (i). Perspectives. Due to 30 years of experience showing that traditional medical and educational approaches are not sufficient to motivate people to make and sustain basic health behavior changes, in developing the plan under subsection (a), the Secretary shall seek perspectives from individuals representing a diverse range of disciplines, including the following areas: Agriculture. Anthropology. Child development. City planning. Commerce. Economics. Environmental planning and design. Exercise physiology. Financial analysis. Health education. Health policy. Individual psychology. Management. Medicine. Nursing. Nutrition. Organization psychology. Taxation. Transportation planning. "Subtitle B Science Programs Through National Institutes of Health "Section 3111. SCIENCE OF HEALTH PROMOTION. Plan. The Director of the National Institutes of Health , acting through the Office of Behavioral and Social Sciences Research, shall develop, and periodically review and as appropriate revise, a plan on how to best develop the science of health promotion through the NIH agencies. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan under section 3101(a). Certain Components of Plan. The plan developed under subsection (a) shall include the following provisions: A research agenda to develop the science of health promotion. Recommendations on funding levels for the various areas of research on such agenda. Recommendations on the best combination of NIH agencies and non-Federal entities to carry out research under the agenda. Allocation of Resources. Subject to compliance with appropriation Acts, the plan developed under subsection (a) shall provide for the allocation of resources for research under such plan relative to other areas of health, as appropriate taking into account the burden of lifestyle factors on morbidity and mortality, and the progress likely in advancing the science of health promotion given the current and evolving level of science on health promotion, and the relative cost of conducting research on health promotion compared to other areas of research. "Section 3112. EARLY RESEARCH PROGRAMS. "The Director of NIH, acting through the Office of Behavioral and Social Sciences Research, shall conduct or support early research programs and research training regarding health promotion. "Subtitle C Applied Research Programs Through Centers for Disease Control and Prevention "Section 3121. RESEARCH AGENDA. "The Secretary, acting through the Director of the Centers for Disease Control and Prevention , shall develop, and periodically review and as appropriate revise, a plan that establishes for such Centers a research agenda regarding health promotion. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan developed under section 3101(a). "Section 3122. PREVENTION RESEARCH CENTERS. In General. The Director of the National Center for Chronic Disease Prevention and Health Promotion shall expand the eligibility of entities for Prevention Research Centers grants to include the entities described in subsection (b). The Center for Chronic Disease Prevention and Health Promotion shall retain the authority to specify the qualities of entities it deems to be most important in performing the responsibilities of Centers and shall retain the responsibility for judging which organizations possess these qualities. Entities Described. The entities described in this subsection include institutions of higher education, public and private research institutions, departments or schools of business, city planning, education, nursing, psychology, public policy, transportation, social work, agriculture, nutrition, engineering, architecture, exercise science, health promotion, population health, preventive medicine, public health. And any other program that can make a compelling connection to improving the health of the public. And private research, membership, or service organizations. "Subtitle D Other Programs and Policies "Section 3131. MODIFICATION OF APPLICATIONS AWARD PROCESS TO ATTRACT MOST QUALIFIED SCIENTISTS AND PRACTITIONERS. DEVELOPING HEALTH PROMOTION INFRASTRUCTURE. Modification of Awards Application Process. In awarding grants, cooperative agreements, and contracts under this title, the Secretary shall modify the application process to attract the most qualified individuals and organizations. General Priority of Developing Health Promotion Infrastructure. The Secretary shall ensure that programs carried out pursuant to this title are consistent with the general priority of developing the health promotion infrastructure among universities, nonprofit organizations, and for-profit organizations, rather than increasing the size of State or local governments or the Federal Government.".	Health Promotion Funding Integrated Research, Synthesis, and Training Act or the Health Promotion FIRST Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to develop a plan for health promotion that includes coordinating the health promotion activities of HHS and addressing how best to: (1) develop the basic and applied science of health promotion, (2) synthesize and disseminate health promotion research. (3) meet health promotion needs in rural and low-income inner city areas, (4) support and develop the health promotion and scientific community. And (5) modify or develop resources, policies, structure, and legislation to integrate health promotion into all health professions and sectors of society. Requires the Secretary to request other federal agencies to develop health promotion strategic plans. Requires the Director of the National Institutes of Health (NIH), acting through the Office of Behavioral and Social Sciences Research, to: (1) develop a plan on how best to develop the science of health promotion through NIH agencies. And (2) conduct or support early research programs and research training regarding health promotion. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan to establish a research agenda regarding health promotion for CDC. Requires the Director of the National Center for Chronic Disease Prevention and Health Promotion to award grants to develop Health Promotion Research Centers. Requires the Secretary to modify the application process for grants, cooperative agreements, and contracts awarded under this Act to attract the most qualified individuals and organizations.	To provide for increased research, coordination, and expansion of health promotion programs through the Department of Health and Human Services.
110_s1675	SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Community Radio Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry. (2) At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation. (3) A commitment to localism--local operations, local research, local management, locally-originated programming, local artists, and local news and events--would bolster radio listening. (4) Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station. (5) In 2003, the average cost to acquire a commercial radio station was more than $2,500,000. (6) In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called ``low-power FM'' or ``LPFM'' to ``enhance locally focused community-oriented radio broadcasting''. (7) Through the creation of LPFM, the Commission sought to ``create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests''. (8) The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, ``We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.''. (9) Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The Commission based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield. (10) Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis. (11) In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band. (12) The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood. (13) Over 500 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations. (14) After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated. (15) Minorities represent almost a third of our population. However, according to the Federal Communication Commission's most recent Form 323 data on the race and gender of full power, commercial broadcast licensees, minorities own only 7 percent of all local television and radio stations. Women represent more than half of the population, but own only 6 percent of all local television and radio stations. LPFM stations, while not a solution to the overall inequalities in minority and female broadcast ownership, provide an additional opportunity for underrepresented communities to operate a station and provide local communities with a greater diversity of viewpoints and culture. (16) LPFM stations have proven to be a vital source of information during local or national emergencies. Out of the few stations that were able to stay online during Katrina, several were LPFM stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air during Hurricane Katrina and served as the Emergency Operations Center for Hancock County. Additionally, after Hurricane Katrina when thousands of evacuees temporarily housed at the Houston Astrodome were unable to hear information about the availability of food and ice, the location of FEMA representatives, and the whereabouts of missing loved ones over the loud speakers, volunteers handed out thousands of transistor radios and established a LPFM station outside the Astrodome to broadcast such information. SEC. 3. REPEAL OF PRIOR LAW. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is repealed. SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between-- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations. SEC. 5. PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS. The Federal Communications Commission when licensing FM translator stations shall ensure-- (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community. SEC. 7. PROHIBITIONS ON CERTAIN APPLICANTS. The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to prohibit any applicant from obtaining a low- power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301). SEC. 8. FEDERAL COMMUNICATIONS COMMISSION RULES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. SEC. 9. FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM STATIONS. The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.	Local Community Radio Act of 2007 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels. (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license. And (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to: (1) modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations. And (2) retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC, when licensing FM translator stations, to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations. And (2) that such decisions are made based on the needs of the local community. Requires the FCC to: (1) modify rules authorizing the operation of low-power FM radio stations, as proposed in a specified docket, to prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station. (2) retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in states with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. And (3) conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.	A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.	8,861	1,958	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Local Community Radio Act of 2007". <SECTION-HEADER> FINDINGS. Congress makes the following findings: The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry. At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation. A commitment to localism local operations, local research, local management, locally-originated programming, local artists, and local news and events would bolster radio listening. Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station. In 2003, the average cost to acquire a commercial radio station was more than $2,500,000. In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called "low-power FM" or "LPFM" to "enhance locally focused community-oriented radio broadcasting". Through the creation of LPFM, the Commission sought to "create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests". The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, "We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.". Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The Commission based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield. Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis. In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band. The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood. Over 500 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations. After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated. Minorities represent almost a third of our population. However, according to the Federal Communication Commission's most recent Form 323 data on the race and gender of full power, commercial broadcast licensees, minorities own only 7 percent of all local television and radio stations. Women represent more than half of the population, but own only 6 percent of all local television and radio stations. LPFM stations, while not a solution to the overall inequalities in minority and female broadcast ownership, provide an additional opportunity for underrepresented communities to operate a station and provide local communities with a greater diversity of viewpoints and culture. LPFM stations have proven to be a vital source of information during local or national emergencies. Out of the few stations that were able to stay online during Katrina, several were LPFM stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air during Hurricane Katrina and served as the Emergency Operations Center for Hancock County. Additionally, after Hurricane Katrina when thousands of evacuees temporarily housed at the Houston Astrodome were unable to hear information about the availability of food and ice, the location of FEMA representatives, and the whereabouts of missing loved ones over the loud speakers, volunteers handed out thousands of transistor radios and established a LPFM station outside the Astrodome to broadcast such information. <SECTION-HEADER> REPEAL OF PRIOR LAW. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 , is repealed. <SECTION-HEADER> MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between low-power FM stations. And full-service FM stations, FM translator stations, and FM booster stations. <SECTION-HEADER> PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. <SECTION-HEADER> ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS. The Federal Communications Commission when licensing FM translator stations shall ensure that licenses are available to both FM translator stations and low-power FM stations. And that such decisions are made based on the needs of the local community. <SECTION-HEADER> PROHIBITIONS ON CERTAIN APPLICANTS. The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to prohibit any applicant from obtaining a low- power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 . <SECTION-HEADER> FEDERAL COMMUNICATIONS COMMISSION RULES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. <SECTION-HEADER> FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM STATIONS. The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.	Local Community Radio Act of 2007 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels. (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license. And (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to: (1) modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations. And (2) retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC, when licensing FM translator stations, to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations. And (2) that such decisions are made based on the needs of the local community. Requires the FCC to: (1) modify rules authorizing the operation of low-power FM radio stations, as proposed in a specified docket, to prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station. (2) retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in states with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. And (3) conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.	A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.
114_hr3656	SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco to 21 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Tobacco use caused 20,800,000 premature deaths in the United States in the 50 years since the Surgeon General's first report on smoking in 1964. (2) The 1964 Surgeon General's report linked cigarette smoking to cancer, and since then, other tobacco products, including cigars, cigarillos, roll-your-own products, and smokeless tobacco have been causally linked to cancer. (3) While substantial gains have been made since 1964, tobacco use remains the leading cause of preventable death in the United States, responsible for approximately 500,000 premature deaths each year. (4) Tobacco use costs the United States approximately $170,000,000,000 in direct medical costs and $156,000,000,000 in lost productivity every year. (5) More than 42,000,000 people in the United States still smoke, and the tobacco industry continues to challenge tobacco control victories in court, manipulate products to evade existing regulations, introduce new and dangerous tobacco products, and spend billions on marketing to deceive the public and addict more children. (6) An estimated 5,600,000 youth aged 17 and under are projected to die prematurely from a tobacco-related illness if prevalence rates do not change. (7) Use of tobacco products in any form is not safe, especially during adolescence, as such use can lead to nicotine dependence and subsequent tobacco-related diseases and death. (8) Adolescents are especially vulnerable to the effects of nicotine and nicotine addiction and appear to show signs of nicotine addiction at lower levels of exposure compared to adults. (9) Nicotine exposure during adolescence may have long lasting adverse consequences on brain development. (10) The likelihood of developing smoking-related cancers increases with duration of smoking. Therefore those users that start at younger ages and continue to smoke are at higher risk for tobacco-related disease and death. (11) National data show that 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. (12) Young adults aged 18 to 24 are more than 2 times as likely to use smokeless products as compared to older adults aged 45 to 64. (13) The Centers for Disease Control and Prevention and the Institute of Medicine recommend comprehensive and sustained tobacco control programs and policies at the Federal, State, and local level in order to reduce youth initiation and the prevalence of tobacco use. (14) Regulating the retail environment, actively enforcing laws, and educating retailers are strategies that Federal, State, and local governments can take to restrict the availability of tobacco products to youth. (15) The recent report of the Institute of Medicine entitled, ``Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products'', concluded that raising the minimum legal age of sale of tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15 to 17, and will improve health across the lifespan and save lives. Specifically, the report said that raising the minimum legal age of sale of tobacco products nationwide to age 21 would, over time, lead to a 12-percent decrease in smoking prevalence. (16) The Institute of Medicine report also predicts that raising the minimum legal age of sale of tobacco products nationwide to age 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4,200,000 fewer years of life lost for those born between 2000 and 2019. In addition, the report concluded that raising the minimum legal age of sale would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome. SEC. 3. PROHIBITION AND ENFORCEMENT. (a) In General.--Notwithstanding any other provision of law, including any Federal regulation, it shall be unlawful to sell or distribute a tobacco product to anyone under the age of 21. (b) Enforcement.-- (1) In general.--The Secretary of Health and Human Services is authorized to enforce the prohibition under subsection (a) and shall take necessary action to enforce such prohibition, including, as appropriate-- (A) conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and taking any other measures appropriate to help ensure nationwide compliance with such prohibition; and (B) establishing requirements that retailers check identification or use other methods to ensure compliance with subsection (a), or issuing guidance concerning the responsibility of retailers to ensure such compliance. (2) Enforcement authority.--In the case of a violation of subsection (a), the Secretary of Health and Human Services may apply the penalties under section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333), as though such subsection (a) were a regulation promulgated under section 906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), notwithstanding paragraph (3)(A)(ii) of such section 906(d). (c) Definition.--In this Act, the term ``tobacco product'' has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)). SEC. 4. NON-PREEMPTION. Nothing in this Act shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco to individuals below a minimum age, provided that such State or local law is at least as restrictive as the Federal law.	Tobacco to 21 Act This bill prohibits the sale or distribution of tobacco products to individuals under the age of 21. The Department of Health and Human Services must enforce this prohibition by taking necessary actions including, as appropriate, conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and establishing requirements that retailers check identification.	Tobacco to 21 Act	6,744	438	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Tobacco to 21 Act". <SECTION-HEADER> FINDINGS. Congress finds the following: Tobacco use caused 20,800,000 premature deaths in the United States in the 50 years since the Surgeon General's first report on smoking in 1964. The 1964 Surgeon General's report linked cigarette smoking to cancer, and since then, other tobacco products, including cigars, cigarillos, roll-your-own products, and smokeless tobacco have been causally linked to cancer. While substantial gains have been made since 1964, tobacco use remains the leading cause of preventable death in the United States, responsible for approximately 500,000 premature deaths each year. Tobacco use costs the United States approximately $170,000,000,000 in direct medical costs and $156,000,000,000 in lost productivity every year. More than 42,000,000 people in the United States still smoke, and the tobacco industry continues to challenge tobacco control victories in court, manipulate products to evade existing regulations, introduce new and dangerous tobacco products, and spend billions on marketing to deceive the public and addict more children. An estimated 5,600,000 youth aged 17 and under are projected to die prematurely from a tobacco-related illness if prevalence rates do not change. Use of tobacco products in any form is not safe, especially during adolescence, as such use can lead to nicotine dependence and subsequent tobacco-related diseases and death. Adolescents are especially vulnerable to the effects of nicotine and nicotine addiction and appear to show signs of nicotine addiction at lower levels of exposure compared to adults. Nicotine exposure during adolescence may have long lasting adverse consequences on brain development. The likelihood of developing smoking-related cancers increases with duration of smoking. Therefore those users that start at younger ages and continue to smoke are at higher risk for tobacco-related disease and death. National data show that 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. Young adults aged 18 to 24 are more than 2 times as likely to use smokeless products as compared to older adults aged 45 to 64. The Centers for Disease Control and Prevention and the Institute of Medicine recommend comprehensive and sustained tobacco control programs and policies at the Federal, State, and local level in order to reduce youth initiation and the prevalence of tobacco use. Regulating the retail environment, actively enforcing laws, and educating retailers are strategies that Federal, State, and local governments can take to restrict the availability of tobacco products to youth. The recent report of the Institute of Medicine entitled, "Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products", concluded that raising the minimum legal age of sale of tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15 to 17, and will improve health across the lifespan and save lives. Specifically, the report said that raising the minimum legal age of sale of tobacco products nationwide to age 21 would, over time, lead to a 12-percent decrease in smoking prevalence. The Institute of Medicine report also predicts that raising the minimum legal age of sale of tobacco products nationwide to age 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4,200,000 fewer years of life lost for those born between 2000 and 2019. In addition, the report concluded that raising the minimum legal age of sale would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome. <SECTION-HEADER> PROHIBITION AND ENFORCEMENT. In General. Notwithstanding any other provision of law, including any Federal regulation, it shall be unlawful to sell or distribute a tobacco product to anyone under the age of 21. Enforcement. In general. The Secretary of Health and Human Services is authorized to enforce the prohibition under subsection (a) and shall take necessary action to enforce such prohibition, including, as appropriate conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and taking any other measures appropriate to help ensure nationwide compliance with such prohibition. And establishing requirements that retailers check identification or use other methods to ensure compliance with subsection (a), or issuing guidance concerning the responsibility of retailers to ensure such compliance. Enforcement authority. In the case of a violation of subsection (a), the Secretary of Health and Human Services may apply the penalties under section 303 of the Federal Food, Drug, and Cosmetic Act , as though such subsection (a) were a regulation promulgated under section 906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 USC. 387f(d)(1)), notwithstanding paragraph (3)(A)(ii) of such section 906(d). Definition. In this Act, the term "tobacco product" has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act (21 USC. 321(rr)). <SECTION-HEADER> NON-PREEMPTION. Nothing in this Act shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco to individuals below a minimum age, provided that such State or local law is at least as restrictive as the Federal law.	Tobacco to 21 Act This bill prohibits the sale or distribution of tobacco products to individuals under the age of 21. The Department of Health and Human Services must enforce this prohibition by taking necessary actions including, as appropriate, conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and establishing requirements that retailers check identification.	Tobacco to 21 Act
109_hr4038	SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Employers Accountability Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Current efforts to stem the tide of illegal immigrants crossing into the United States have fallen far short of need. (2) The number of illegal immigrants currently in the United States is approximating 11 million. (3) Cities, counties, and States are forced to absorb the costs of illegal immigration without compensation from the Federal Government or employers. (4) United States companies continue to recruit and hire illegal immigrants and thereby aid in the erosion of the border security of the United States. (5) The hiring of illegal immigrants has had a negative impact on the employment opportunities of legal immigrants and United States citizens. (6) Federal law expressly prohibits the hiring of illegal immigrants. (7) In 2004, only three United States companies were cited for hiring illegal immigrants. SEC. 3. COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS. (a) Civil Penalty.--Paragraph (4) of subsection (e) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to read as follows: ``(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations.-- ``(A) In general.--With respect to a violation by any person or other entity of subsection (a)(1)(A) or (a)(2), the Secretary of Homeland Security shall require the person or entity to cease and desist from such violations and to pay a civil penalty in the amount specified in subparagraph (B). ``(B) Amount of civil penalty.--A civil penalty under this paragraph shall not be less than $50,000 for each occurrence of a violation described in subsection (a)(1)(A) or (a)(2) with respect to the alien referred to in such subsection, plus, in the event of the removal of such alien from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government, cooperating State and local governments, and State and local law enforcement agencies, in connection with such removal. ``(C) Distribution of penalties to state and local governments.-- ``(i) In general.--Penalties collected under this paragraph from a person or entity shall be distributed as follows: ``(I) 25 percent of such amount shall be distributed to the State in which the person or entity is located. ``(II) 25 percent of such amount shall be distributed to the county in which the person or entity is located. ``(III) 25 percent of such amount shall be distributed to the municipality, if any, in which the person or entity is located, or, in the absence of such a municipality, to the county described in subclause (II). ``(D) Limitation on use of funds.--Amounts paid to a State, county, or municipality under subparagraph (C) may only be used for costs incurred by such State, county, or municipality in providing public services to aliens not lawfully present in the United States. ``(E) Distinct, physically separate subdivisions.-- In applying this subsection in the case of a person or other entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or other entity.''. (b) Denial of Agricultural Assistance for Violators.--Such section is further amended by adding at the end the following new subsection: ``(i) Denial of Agricultural Assistance for Violators.--In the case of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)), such association, employer, or contractor shall be ineligible for agricultural assistance described in paragraphs (1), (2), and (3) of section 1211(a) of the Food Security Act of 1985 (16 U.S.C. 3811(a)) for a period not to exceed five years.''. (c) Good Faith Defense.-- (1) In general.--Such section is further amended-- (A) by striking subsection (a)(3); and (B) by striking subsection (b)(6). (2) Conforming amendments.--Such section is further amended-- (A) in subsection (a)(5), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (ii) by striking paragraph (6). (d) Employee Whistleblower Protection.--It shall be unlawful for any employer, including an employer primarily engaged in agriculture, or any labor contractor to intimidate, threaten, restrain, coerce, retaliate, discharge, demote, or in any other manner discriminate against an employee or former employee, regardless of the immigration status of such employee or former employee, because such employee or former employee-- (1) has disclosed, is disclosing, or seeks to disclose to Federal, State, or local law enforcement authorities information related to a violation of an applicable Federal labor law as defined by the Secretary of Labor; or (2) has cooperated, is cooperating, or seeks to cooperate in an investigation or other proceeding concerning compliance with such an applicable Federal labor law. (e) Disclosure Requirements.-- (1) In general.--The Secretary of Homeland Security shall establish, maintain, and regularly update a publicly accessible website that contains a list of persons or other entities that the Secretary has determined to have been in violation of subsection (a)(1)(A) or (a)(2) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) in the preceding five years. (2) Contents of website.--Such website shall contain, with respect to each such person or entity, the following information: (A) The name, address, and telephone number of the person or entity. (B) The names of the owners, chief executive officers, or other similar officers of the person or entity. (C) The number of unauthorized aliens (as defined in subsection (h)(3) of such section) found to be employed by the person or entity. (D) The aggregate dollar amount that the person or entity has received in the preceding five years under any Federal contract. (f) Effective Date.--The amendments made by subsections (a), (b), and (c) shall take effect 30 days after the date of the enactment of this Act and shall apply to violations occurring on or after such effective date.	Unlawful Employers Accountability Act of 2005 - Amends the Immigration and Nationality Act respecting unlawful employment of alien provisions to: (1) require the Secretary of Homeland Security to issue a cease and desist order, replace the tiered civil penalty provisions with a single, increased-maximum civil penalty, and require an employer to pay the costs incurred in any related removal of an alien from the United States. (2) provide for penalty distribution to state, county, and municipal governments, which shall be used to provide illegal aliens with public services. (3) deny specified agricultural assistance for up to five years to an agricultural employer, contractor, or association in violation of such provisions, (4) eliminate specified good faith defenses, (4) provide whistleblower protection. And (5) direct the Secretary to establish and update a publicly accessible website containing specified information on violators of such provisions in the preceding five years.	To amend the Immigration and Nationality Act to improve enforcement of restrictions on employment in the United States of unauthorized aliens.	8,618	991	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Unlawful Employers Accountability Act of 2005". <SECTION-HEADER> FINDINGS. Congress finds the following: Current efforts to stem the tide of illegal immigrants crossing into the United States have fallen far short of need. The number of illegal immigrants currently in the United States is approximating 11 million. Cities, counties, and States are forced to absorb the costs of illegal immigration without compensation from the Federal Government or employers. United States companies continue to recruit and hire illegal immigrants and thereby aid in the erosion of the border security of the United States. The hiring of illegal immigrants has had a negative impact on the employment opportunities of legal immigrants and United States citizens. Federal law expressly prohibits the hiring of illegal immigrants. In 2004, only three United States companies were cited for hiring illegal immigrants. <SECTION-HEADER> COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS. Civil Penalty. Paragraph (4) of subsection (e) of section 274A of the Immigration and Nationality Act is amended to read as follows: Cease and desist order with civil money penalty for hiring, recruiting, and referral violations. In general. With respect to a violation by any person or other entity of subsection (a)(1)(A) or (2), the Secretary of Homeland Security shall require the person or entity to cease and desist from such violations and to pay a civil penalty in the amount specified in subparagraph (B). Amount of civil penalty. A civil penalty under this paragraph shall not be less than $50,000 for each occurrence of a violation described in subsection (1)(A) or (a)(2) with respect to the alien referred to in such subsection, plus, in the event of the removal of such alien from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government, cooperating State and local governments, and State and local law enforcement agencies, in connection with such removal. Distribution of penalties to state and local governments. In general. Penalties collected under this paragraph from a person or entity shall be distributed as follows: 25 percent of such amount shall be distributed to the State in which the person or entity is located. 25 percent of such amount shall be distributed to the county in which the person or entity is located. 25 percent of such amount shall be distributed to the municipality, if any, in which the person or entity is located, or, in the absence of such a municipality, to the county described in subclause (II). Limitation on use of funds. Amounts paid to a State, county, or municipality under subparagraph (C) may only be used for costs incurred by such State, county, or municipality in providing public services to aliens not lawfully present in the United States. Distinct, physically separate subdivisions. In applying this subsection in the case of a person or other entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or other entity.". Denial of Agricultural Assistance for Violators. Such section is further amended by adding at the end the following new subsection: Denial of Agricultural Assistance for Violators. In the case of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act , such association, employer, or contractor shall be ineligible for agricultural assistance described in paragraphs (1), (2), and (3) of section 1211(a) of the Food Security Act of 1985 (16 USC. 3811(a)) for a period not to exceed five years.". Good Faith Defense. In general. Such section is further amended by striking subsection (a)(3). And by striking subsection (b)(6). Conforming amendments. Such section is further amended in subsection (a)(5), by striking "paragraphs (B) and (3)" and inserting "paragraph (1)(B)". And in subsection (b) in the matter preceding paragraph (1), by striking "paragraphs (1)(B) and (3)" and inserting "paragraph (1)(B)". And by striking paragraph (6). Employee Whistleblower Protection. It shall be unlawful for any employer, including an employer primarily engaged in agriculture, or any labor contractor to intimidate, threaten, restrain, coerce, retaliate, discharge, demote, or in any other manner discriminate against an employee or former employee, regardless of the immigration status of such employee or former employee, because such employee or former employee has disclosed, is disclosing, or seeks to disclose to Federal, State, or local law enforcement authorities information related to a violation of an applicable Federal labor law as defined by the Secretary of Labor. Or has cooperated, is cooperating, or seeks to cooperate in an investigation or other proceeding concerning compliance with such an applicable Federal labor law. Disclosure Requirements. In general. The Secretary of Homeland Security shall establish, maintain, and regularly update a publicly accessible website that contains a list of persons or other entities that the Secretary has determined to have been in violation of subsection (a)(1)(A) or (a)(2) of section 274A of the Immigration and Nationality Act in the preceding five years. Contents of website. Such website shall contain, with respect to each such person or entity, the following information: The name, address, and telephone number of the person or entity. The names of the owners, chief executive officers, or other similar officers of the person or entity. The number of unauthorized aliens (as defined in subsection (h) found to be employed by the person or entity. The aggregate dollar amount that the person or entity has received in the preceding five years under any Federal contract. Effective Date. The amendments made by subsections (a), (b), and (c) shall take effect 30 days after the date of the enactment of this Act and shall apply to violations occurring on or after such effective date.	Unlawful Employers Accountability Act of 2005 - Amends the Immigration and Nationality Act respecting unlawful employment of alien provisions to: (1) require the Secretary of Homeland Security to issue a cease and desist order, replace the tiered civil penalty provisions with a single, increased-maximum civil penalty, and require an employer to pay the costs incurred in any related removal of an alien from the United States. (2) provide for penalty distribution to state, county, and municipal governments, which shall be used to provide illegal aliens with public services. (3) deny specified agricultural assistance for up to five years to an agricultural employer, contractor, or association in violation of such provisions, (4) eliminate specified good faith defenses, (4) provide whistleblower protection. And (5) direct the Secretary to establish and update a publicly accessible website containing specified information on violators of such provisions in the preceding five years.	To amend the Immigration and Nationality Act to improve enforcement of restrictions on employment in the United States of unauthorized aliens.
111_hr3381	SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America's Wildlife Act of 2009''. SEC. 2. ADDITIONAL PROHIBITIONS. Section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j- 1(a)) is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2), by striking ``or'' after the semicolon; (3) in paragraph (3), by adding ``or'' after the semicolon; (4) by inserting after paragraph (3) the following: ``(4) knowingly violates any regulation promulgated under this Act;''; and (5) in the matter following paragraph (4) (as inserted by this section), by striking ``$5,000'' and inserting ``$50,000''. SEC. 3. EXCEPTIONS TO PROHIBITIONS. Section 13(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j- 1(b)) is amended-- (1) in paragraph (1), by striking ``This section'' and inserting ``Subject to paragraph (3), this section''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``issues a permit referred to in'' and inserting ``authorizes an employee, agent, or person operating under a license or permit to take an action under''; (B) in subparagraph (A), by striking ``to whom a permit was issued'' and inserting ``so authorized''; (C) in subparagraph (B), by striking ``thereunder''; (D) in subparagraph (C), by striking ``to whom a permit was issued''; and (E) in subparagraph (D), by striking ``issuing the permit'' and inserting ``authorizing the action, including, for actions intended to protect land, water, or wildlife, the scientific basis for the actions so authorized''; and (3) by adding at the end the following: ``(3) Enhancing the propagation and survival of wildlife.-- No person exempted under paragraph (1) may shoot, attempt to shoot, or harass any wolf, bear, or wolverine for the purpose of enhancing the propagation and survival of wildlife, including game populations, unless-- ``(A) the head of the fish and wildlife agency of the State and, for game populations on land under the jurisdiction of the Department of the Interior, the Secretary of the Interior, or for game populations on land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture, determines, based on the best scientific data available, that-- ``(i) a biological emergency is imminent; and ``(ii) all other practicable means to prevent the biological emergency, including stopping regulated takes of the declining population, have been implemented; ``(B) the action is carried out-- ``(i) by an officer or employee of-- ``(I) the fish and wildlife agency of the State; or ``(II)(aa) for game populations on land under the jurisdiction of the Department of the Interior, the Department of the Interior; or ``(bb) for game populations on land under the jurisdiction of the Department of Agriculture, the Department of Agriculture; and ``(ii) only in the specific geographical area in which the imminent biological emergency is located; and ``(C) the action results in the removal of not more than the minimum number of predators necessary to prevent the biological emergency. ``(4) Exception relating to actions authorized by secretary of the interior.--The Secretary of the Interior may authorize any action described in subsection (a)-- ``(A) to prevent the extinction of a species that is listed as a threatened species or endangered species under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and ``(B) if the Secretary of the Interior determines that there is no other means available to address the threat of extinction of the species described in subparagraph (A).''. SEC. 4. DEFINITIONS. Section 13 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1) is amended by striking subsection (c) and inserting the following: ``(c) Definitions.--In this section: ``(1) Aircraft.--The term `aircraft' means any contrivance used for flight in the air. ``(2) Biological emergency.--The term `biological emergency' means the likely extirpation or a significant and imminent threat to the sustainability of a wildlife population due to predation by wolves, bears, or wolverines (or any combination thereof). ``(3) Harass.--The term `harass' means-- ``(A) chasing or exhausting an animal; and ``(B) such other activities as are determined by the Secretary.''.	Protect America's Wildlife Act of 2009 - Amends the Fish and Wildlife Act of 1956 to impose criminal penalties on anyone who knowingly violates any regulation prohibiting the shooting or harassing of birds, fish, or other animals from aircraft . Increases the monetary penalty for airborne hunting from $5,000 to $50,000. Expands the exceptions to the prohibition against airborne hunting to include enhancing the propagation and survival of wildlife or preventing the extinction of a species threatened or endangered under the Endangered Species Act of 1973.	To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.	5,931	559	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protect America's Wildlife Act of 2009". <SECTION-HEADER> ADDITIONAL PROHIBITIONS. Section 13(a) of the Fish and Wildlife Act of 1956 (16 USC. 742j- 1(a)) is amended in paragraph (1), by striking "or" after the semicolon, in paragraph (2), by striking "or" after the semicolon, in paragraph (3), by adding "or" after the semicolon. By inserting after paragraph (3) the following: knowingly violates any regulation promulgated under this Act, ". And in the matter following paragraph (4) , by striking "$5,000" and inserting "$50,000". <SECTION-HEADER> EXCEPTIONS TO PROHIBITIONS. Section 13(b) of the Fish and Wildlife Act of 1956 (16 USC. 742j- 1(b)) is amended in paragraph (1), by striking "This section" and inserting "Subject to paragraph (3), this section". In paragraph (2) in the matter preceding subparagraph (A), by striking "issues a permit referred to in" and inserting "authorizes an employee, agent, or person operating under a license or permit to take an action under". In subparagraph (A), by striking "to whom a permit was issued" and inserting "so authorized", in subparagraph (B), by striking "thereunder". In subparagraph (C), by striking "to whom a permit was issued". And in subparagraph (D), by striking "issuing the permit" and inserting "authorizing the action, including, for actions intended to protect land, water, or wildlife, the scientific basis for the actions so authorized". And by adding at the end the following: Enhancing the propagation and survival of wildlife. No person exempted under paragraph (1) may shoot, attempt to shoot, or harass any wolf, bear, or wolverine for the purpose of enhancing the propagation and survival of wildlife, including game populations, unless the head of the fish and wildlife agency of the State and, for game populations on land under the jurisdiction of the Department of the Interior, the Secretary of the Interior, or for game populations on land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture, determines, based on the best scientific data available, that a biological emergency is imminent. And all other practicable means to prevent the biological emergency, including stopping regulated takes of the declining population, have been implemented. The action is carried out by an officer or employee of the fish and wildlife agency of the State. Or (aa) for game populations on land under the jurisdiction of the Department of the Interior, the Department of the Interior. Or for game populations on land under the jurisdiction of the Department of Agriculture, the Department of Agriculture. And only in the specific geographical area in which the imminent biological emergency is located. And the action results in the removal of not more than the minimum number of predators necessary to prevent the biological emergency. Exception relating to actions authorized by secretary of the interior. The Secretary of the Interior may authorize any action described in subsection (a) to prevent the extinction of a species that is listed as a threatened species or endangered species under section 4(c)(1) of the Endangered Species Act of 1973 (16 USC. 1533(c)(1)). And if the Secretary of the Interior determines that there is no other means available to address the threat of extinction of the species described in subparagraph (A).". <SECTION-HEADER> DEFINITIONS. Section 13 of the Fish and Wildlife Act of 1956 is amended by striking subsection (c) and inserting the following: Definitions. In this section: Aircraft. The term `aircraft' means any contrivance used for flight in the air. Biological emergency. The term `biological emergency' means the likely extirpation or a significant and imminent threat to the sustainability of a wildlife population due to predation by wolves, bears, or wolverines . Harass. The term `harass' means chasing or exhausting an animal, and such other activities as are determined by the Secretary.".	Protect America's Wildlife Act of 2009 - Amends the Fish and Wildlife Act of 1956 to impose criminal penalties on anyone who knowingly violates any regulation prohibiting the shooting or harassing of birds, fish, or other animals from aircraft . Increases the monetary penalty for airborne hunting from $5,000 to $50,000. Expands the exceptions to the prohibition against airborne hunting to include enhancing the propagation and survival of wildlife or preventing the extinction of a species threatened or endangered under the Endangered Species Act of 1973.	To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.
115_hr715	SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Access Act''. SEC. 2. AVAILABILITY OF MARIHUANA FOR MEDICAL USE. (a) Rescheduling.-- (1) Recommendation by hhs.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Institute of Medicine of the National Academy of Sciences, shall submit to the Administrator of the Drug Enforcement Administration a recommendation to transfer marihuana from schedule I under section 202 of the Controlled Substances Act (21 U.S.C. 812) to a schedule under such section 202 other than schedule I. (2) Final rule.--Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, taking into consideration the recommendation under paragraph (1), issue a final rule to transfer marihuana from schedule I under section 202 of the Controlled Substances Act (21 U.S.C. 812) to a schedule under such section other than schedule I. (b) Cannabidiol.-- (1) In general.--Paragraph (16) of section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (A) by striking ``(16) The'' and inserting ``(16)(A) The''; and (B) by adding at the end the following: ``(B) Cannabidiol-- ``(i) is excluded from the definition of marihuana under subparagraph (A); and ``(ii) shall not be treated as a controlled substance under this Act.''. (2) Definition.--Section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by paragraph (1), is further amended by adding at the end the following: ``(57) The term `cannabidiol' means the substance cannabidiol, as derived from marihuana or synthetically formulated, that contains not greater than 0.3 percent delta-9- tetrahydrocannabinol on a dry weight basis.''. (3) Cannabidiol determination by the states.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(j) Cannabidiol Determination.--If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to ensure that marihuana grown or processed for purposes of making cannabidiol meets such concentration limitation.''. (c) Regulation Under State Law.-- (1) In general.--In a State in which marihuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict in such State in accordance with such State law-- (A) the prescription of marihuana by a physician for medical use; (B) an authorized patient under such State law from obtaining, possessing, transporting, or using marihuana for that patient's medical use; (C) a caregiver for an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such authorized patient; (D) the legally recognized parent or guardian of a minor who is an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such minor; (E) an entity from producing, processing, or otherwise manufacturing marihuana for medical use, as authorized under such State law; (F) an entity from distributing marihuana for medical use, as authorized under such State law; (G) a pharmacy or other health care provider from dispensing marihuana to an authorized patient for medical use, as authorized under such State law; or (H) a laboratory or other entity from performing safety, quality, or efficacy testing of marihuana for medical use, as authorized under such State law or under Federal law. (2) Cannabidiol.--Notwithstanding the exclusion of cannabidiol from the definition of marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended, and section 5 of this Act, this subsection applies with respect to cannabidiol, as defined in such section 102, to the same extent and in the same manner as this subsection applies with respect to marihuana. SEC. 3. RESEARCH INTO POTENTIAL MEDICINAL USES OF MARIHUANA. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall delegate responsibility under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) for control over access to marihuana for research into its potential medicinal uses to an agency of the executive branch that is not focused on researching the addictive properties of substances. Such agency shall take appropriate actions to ensure that an adequate supply of marihuana is available for such medicinal research. (b) Consideration of Other Research in Scheduling.--Research that is performed in a scientifically sound manner in a State where marihuana or cannabidiol is legal for medical purposes, and in accordance with such State's law, but that does not use marihuana from federally approved sources, may be considered for purposes of rescheduling marihuana under section 202 of the Controlled Substances Act (21 U.S.C. 812). SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING. This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public. SEC. 5. DEFINITIONS. In this Act: (1) Authorized patient.--The term ``authorized patient'' means an individual using marihuana in accordance with a prescription by a physician for medical use. (2) Marihuana.--Except as provided in section 2(c)(2), the term ``marihuana'' has the meaning given to such term in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by section 2(b). (3) Physician.--The term ``physician'' means a practitioner of medicine, who-- (A) graduated from a college of medicine or osteopathy; and (B) is licensed to practice medicine by the appropriate State board. (4) Prescription.--The term ``prescription'' means an instruction written by a medical physician in accordance with applicable State law that authorizes the provision of a medicine or treatment to a patient. (5) State.--The term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.	Compassionate Access Act This bill directs the Department of Health and Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer marijuana from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify marijuana. It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical marijuana and in accordance with state law, even if such research uses non-federally approved marijuana. The legislation amends the Controlled Substances Act (CSA) to: exclude cannabidiol (CBD) from the definition of marijuana and remove it from coverage under the CSA. Limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3 on a dry weight basis. And deem marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable. No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing, a patient, caregiver, or guardian from obtaining, possessing, or transporting, an entity from producing, processing, manufacturing, or distributing, a pharmacy from dispensing. Or a laboratory from testing medical marijuana or CBD in compliance with a state's medical marijuana law. The bill requires the Attorney General to delegate responsibility for registering marijuana researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate marijuana supply for medical research.	Compassionate Access Act	7,741	1,667	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Compassionate Access Act". <SECTION-HEADER> AVAILABILITY OF MARIHUANA FOR MEDICAL USE. Rescheduling. Recommendation by hhs. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Institute of Medicine of the National Academy of Sciences, shall submit to the Administrator of the Drug Enforcement Administration a recommendation to transfer marihuana from schedule I under section 202 of the Controlled Substances Act to a schedule under such section 202 other than schedule I. Final rule. Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, taking into consideration the recommendation under paragraph (1), issue a final rule to transfer marihuana from schedule I under section 202 of the Controlled Substances Act to a schedule under such section other than schedule I. Cannabidiol. In general. Paragraph (16) of section 102 of the Controlled Substances Act is amended by striking "(16) The" and inserting (A) The". And by adding at the end the following: Cannabidiol is excluded from the definition of marihuana under subparagraph (A). And shall not be treated as a controlled substance under this Act.". Definition. Section 102 of the Controlled Substances Act , as amended by paragraph (1), is further amended by adding at the end the following: The term `cannabidiol' means the substance cannabidiol, as derived from marihuana or synthetically formulated, that contains not greater than 0.3 percent delta-9- tetrahydrocannabinol on a dry weight basis.". Cannabidiol determination by the states. Section 201 of the Controlled Substances Act is amended by adding at the end the following: Cannabidiol Determination. If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to ensure that marihuana grown or processed for purposes of making cannabidiol meets such concentration limitation.". Regulation Under State Law. In general. In a State in which marihuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act or of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict in such State in accordance with such State law the prescription of marihuana by a physician for medical use. An authorized patient under such State law from obtaining, possessing, transporting, or using marihuana for that patient's medical use. A caregiver for an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such authorized patient. The legally recognized parent or guardian of a minor who is an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such minor. An entity from producing, processing, or otherwise manufacturing marihuana for medical use, as authorized under such State law. An entity from distributing marihuana for medical use, as authorized under such State law. A pharmacy or other health care provider from dispensing marihuana to an authorized patient for medical use, as authorized under such State law. Or a laboratory or other entity from performing safety, quality, or efficacy testing of marihuana for medical use, as authorized under such State law or under Federal law. Cannabidiol. Notwithstanding the exclusion of cannabidiol from the definition of marihuana in section 102 of the Controlled Substances Act , as amended, and section 5 of this Act, this subsection applies with respect to cannabidiol, as defined in such section 102, to the same extent and in the same manner as this subsection applies with respect to marihuana. <SECTION-HEADER> RESEARCH INTO POTENTIAL MEDICINAL USES OF MARIHUANA. In General. Not later than 180 days after the date of enactment of this Act, the Attorney General shall delegate responsibility under section 303(f) of the Controlled Substances Act (21 USC. 823(f)) for control over access to marihuana for research into its potential medicinal uses to an agency of the executive branch that is not focused on researching the addictive properties of substances. Such agency shall take appropriate actions to ensure that an adequate supply of marihuana is available for such medicinal research. Consideration of Other Research in Scheduling. Research that is performed in a scientifically sound manner in a State where marihuana or cannabidiol is legal for medical purposes, and in accordance with such State's law, but that does not use marihuana from federally approved sources, may be considered for purposes of rescheduling marihuana under section 202 of the Controlled Substances Act . <SECTION-HEADER> RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING. This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public. <SECTION-HEADER> DEFINITIONS. In this Act: Authorized patient. The term "authorized patient" means an individual using marihuana in accordance with a prescription by a physician for medical use. Marihuana. Except as provided in section 2(c)(2), the term "marihuana" has the meaning given to such term in section 102 of the Controlled Substances Act , as amended by section 2(b). Physician. The term "physician" means a practitioner of medicine, who graduated from a college of medicine or osteopathy. And is licensed to practice medicine by the appropriate State board. Prescription. The term "prescription" means an instruction written by a medical physician in accordance with applicable State law that authorizes the provision of a medicine or treatment to a patient. State. The term "State" includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.	Compassionate Access Act This bill directs the Department of Health and Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer marijuana from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify marijuana. It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical marijuana and in accordance with state law, even if such research uses non-federally approved marijuana. The legislation amends the Controlled Substances Act (CSA) to: exclude cannabidiol (CBD) from the definition of marijuana and remove it from coverage under the CSA. Limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3 on a dry weight basis. And deem marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable. No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing, a patient, caregiver, or guardian from obtaining, possessing, or transporting, an entity from producing, processing, manufacturing, or distributing, a pharmacy from dispensing. Or a laboratory from testing medical marijuana or CBD in compliance with a state's medical marijuana law. The bill requires the Attorney General to delegate responsibility for registering marijuana researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate marijuana supply for medical research.	Compassionate Access Act
110_s3071	SECTION 1. REQUIREMENT RELATING TO GLOBAL CLIMATE CHANGE. (a) Findings.--Congress finds that-- (1) without the cooperation of other countries, the United States cannot reverse global climate change to ensure the recovery of species that are listed as threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and (2) the ratification of an international agreement by each major carbon emitting country is the likely path towards-- (A) reversing global climate change; and (B) ensuring through applicable laws (including regulations) the recovery of species described in paragraph (1) that are affected by global climate change. (b) Requirement Relating to Global Climate Change.--Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended-- (1) in paragraph (1)(E), by inserting ``subject to paragraph (4),'' before ``other natural''; and (2) by adding at the end the following: ``(4) Requirement relating to global climate change.-- ``(A) Definitions.--In this paragraph: ``(i) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency. ``(ii) Global climate change.--The term `global climate change' includes any significant increase in-- ``(I) global air temperatures; or ``(II) global sea levels. ``(iii) Greenhouse gas.--The term `greenhouse gas' has the meaning given the term in section 1610(a) of the Energy Policy Act of 1992 (42 U.S.C. 13389(a)). ``(iv) Major emitter of greenhouse gas.-- ``(I) In general.--The term `major emitter of greenhouse gas' means any country that the Administrator determines to be a major emitter of greenhouse gas. ``(II) Inclusions.--The term `major emitter of greenhouse gas' includes-- ``(aa) China; ``(bb) India; and ``(cc) the United States. ``(B) Duties of secretary.-- ``(i) Ratification of international agreement.--In determining whether any species is a threatened or endangered species under paragraph (1), the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas has ratified an international agreement to reduce the quantity of greenhouse gases emitted from each major emitter of greenhouse gas. ``(ii) Compliance with international agreement.-- ``(I) Annual determinations.--The Secretary shall, on an annual basis, request the Administrator to determine whether each major emitter of greenhouse gas is in compliance with the international agreement described in clause (i). ``(II) Effects.--If the Administrator determines that any major emitter of greenhouse gas is not in compliance with the international agreement described in clause (i) for the period covered by the determination-- ``(aa) the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas is in compliance with the international agreement; and ``(bb) each species that the Secretary has determined to be a threatened or endangered species under paragraph (1) as the result of global climate change shall not be considered to be a threatened or endangered species until the date described in item (aa).''. (c) Effective Date.--The amendments made by subsection (b) take effect on January 1, 2006.	Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in the determination as to whether a species is threatened or endangered until the Administrator of the Environmental Protection Agency (EPA) notifies the Secretary that: (1) each major emitter of greenhouse gas (GHG) has ratified an international agreement to reduce the quantity of GHGs emitted. And (2) any such emitter found to not to be in compliance with such agreement, in any year, becomes compliant. Makes this Act effective as of January 1, 2006.	A bill to amend the Endangered Species Act of 1973 to temporarily prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in determining whether a species is a threatened or endangered species, and for other purposes.	6,117	610	<SECTION-HEADER> REQUIREMENT RELATING TO GLOBAL CLIMATE CHANGE. Findings. Congress finds that without the cooperation of other countries, the United States cannot reverse global climate change to ensure the recovery of species that are listed as threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 USC. 1533(c)(1)). And the ratification of an international agreement by each major carbon emitting country is the likely path towards reversing global climate change. And ensuring through applicable laws the recovery of species described in paragraph (1) that are affected by global climate change. Requirement Relating to Global Climate Change. Section 4(a) of the Endangered Species Act of 1973 (16 USC. 1533(a)) is amended in paragraph (1)(E), by inserting "subject to paragraph (4)," before "other natural". And by adding at the end the following: Requirement relating to global climate change. Definitions. In this paragraph: Administrator. The term `Administrator' means the Administrator of the Environmental Protection Agency. Global climate change. The term `global climate change' includes any significant increase in global air temperatures. Or global sea levels. Greenhouse gas. The term `greenhouse gas' has the meaning given the term in section 1610(a) of the Energy Policy Act of 1992 (42 USC. 13389(a)). Major emitter of greenhouse gas. In general. The term `major emitter of greenhouse gas' means any country that the Administrator determines to be a major emitter of greenhouse gas. Inclusions. The term `major emitter of greenhouse gas' includes China, India. And the United States. Duties of secretary. Ratification of international agreement. In determining whether any species is a threatened or endangered species under paragraph (1), the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas has ratified an international agreement to reduce the quantity of greenhouse gases emitted from each major emitter of greenhouse gas. Compliance with international agreement. Annual determinations. The Secretary shall, on an annual basis, request the Administrator to determine whether each major emitter of greenhouse gas is in compliance with the international agreement described in clause (i). Effects. If the Administrator determines that any major emitter of greenhouse gas is not in compliance with the international agreement described in clause (i) for the period covered by the determination the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas is in compliance with the international agreement. And each species that the Secretary has determined to be a threatened or endangered species under paragraph (1) as the result of global climate change shall not be considered to be a threatened or endangered species until the date described in item (aa).". Effective Date. The amendments made by subsection (b) take effect on January 1, 2006.	Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in the determination as to whether a species is threatened or endangered until the Administrator of the Environmental Protection Agency (EPA) notifies the Secretary that: (1) each major emitter of greenhouse gas (GHG) has ratified an international agreement to reduce the quantity of GHGs emitted. And (2) any such emitter found to not to be in compliance with such agreement, in any year, becomes compliant. Makes this Act effective as of January 1, 2006.	A bill to amend the Endangered Species Act of 1973 to temporarily prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in determining whether a species is a threatened or endangered species, and for other purposes.
105_hr997	SECTION 1. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 198. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. ``(a) Treatment As Expenses.-- ``(1) In general.--At the election of the taxpayer, qualified environmental remediation expenditures which are paid or incurred by the taxpayer during the taxable year in connection with a trade or business shall be treated as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. ``(2) Limitation.--The amount treated under paragraph (1) as an expense with respect to any qualified contaminated site shall not exceed $500,000 for all taxable years. ``(3) Controlled groups.--Rules similar to the rules of paragraphs (6), (7), and (8) of section 179(d) shall apply for purposes of this subsection. ``(b) 60-Month Amortization of Remaining Environmental Remediation Expenditures.-- ``(1) In general.--At the election of the taxpayer, qualified environmental remediation expenditures-- ``(A) which are paid or incurred by the taxpayer in connection with his trade or business, and ``(B) which are not treated as expenses under subsection (a), may be treated as deferred expenses. ``(2) Amortization of deferred expenses.--In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer pays or incurs such expenditures). Such deferred expenses shall be treated as expenditures which are properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). ``(c) Certain Persons Not Eligible.--A taxpayer shall not be eligible for the treatment under this section with respect to any qualified contaminated site if-- ``(1) at any time on or before the date of the enactment of this section such taxpayer was the owner or operator of any business on such site, ``(2) at any time before, on, or after such date of enactment such taxpayer-- ``(A) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(B) had accepted any hazardous materials for transport to such site, or ``(3) the taxpayer is related to any taxpayer referred to in paragraph (1) or (2). ``(d) Qualified Environmental Remediation Expenditures.--For purposes of this section, the term `qualified environmental remediation expenditure' means any amount (otherwise chargeable to capital account) which is paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer. ``(e) Other Definitions.--For purposes of this section-- ``(1) Qualified contaminated site.-- ``(A) In general.--For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: ``(i) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(ii) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(iii) Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. ``(B) Appropriate agency.--For purposes of subparagraph (A), the appropriate agency is-- ``(i) the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or ``(ii) if the agency described in clause (i) designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. ``(2) Hazardous, toxic, or dangerous substance.--Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), ``(B) the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or ``(C) any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. ``(3) Environmental remediation.--The term `environmental remediation' means-- ``(A) removal or remediation activity, including soil and ground water remediation, ``(B) restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(C) health assessments or health effects studies, ``(D) environmental investigations, ``(E) remediation of off-site contamination caused by activity on the site, and ``(F) any other costs reasonably required by reason of the environmental conditions of the site, including demolition of existing contaminated structures, site security, and permit fees necessary for remediation. ``(4) Related person.--Persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). ``(f) Land and Other Property.--This section shall not apply to any expenditure for-- ``(1) the acquisition or improvement of land, or ``(2) the acquisition or improvement of property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); except that, for purposes of this section, allowances under section 167, and allowances under section 611, shall be treated as expenditures.'' (b) Conforming Amendments.-- (1) Paragraph (14) of section 1016(a) of such Code is amended by inserting ``, or under section 198(b) (relating to qualified environmental remediation expenditures),'' after ``expenditures)''. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking ``or 193'' and inserting ``193, or 198''. (3) Subparagraph (C) of section 1245(a)(3) of such Code is amended by striking ``or 194'' and inserting ``194, or 198''. (4) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 198. Expensing and rapid amortization for certain environmental remediation expenditures.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.	Amends the Internal Revenue Code to permit the expensing and amortization of qualified environmental remediation expenses.	To amend the Internal Revenue Code of 1986 to allow expensing and rapid amortization of certain environmental remediation expenditures.	9,295	122	<SECTION-HEADER> EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. In General. Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 198. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. Treatment As Expenses. In general. At the election of the taxpayer, qualified environmental remediation expenditures which are paid or incurred by the taxpayer during the taxable year in connection with a trade or business shall be treated as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. Limitation. The amount treated under paragraph (1) as an expense with respect to any qualified contaminated site shall not exceed $500,000 for all taxable years. Controlled groups. Rules similar to the rules of paragraphs (6), (7), and (8) of section 179(d) shall apply for purposes of this subsection. 60-Month Amortization of Remaining Environmental Remediation Expenditures. In general. At the election of the taxpayer, qualified environmental remediation expenditures which are paid or incurred by the taxpayer in connection with his trade or business, and which are not treated as expenses under subsection (a), may be treated as deferred expenses. Amortization of deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer . Such deferred expenses shall be treated as expenditures which are properly chargeable to capital account for purposes of section 1016(a)(1) . Certain Persons Not Eligible. A taxpayer shall not be eligible for the treatment under this section with respect to any qualified contaminated site if at any time on or before the date of the enactment of this section such taxpayer was the owner or operator of any business on such site, at any time before, on, or after such date of enactment such taxpayer had arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or had accepted any hazardous materials for transport to such site, or the taxpayer is related to any taxpayer referred to in paragraph (1) or (2). Qualified Environmental Remediation Expenditures. For purposes of this section, the term `qualified environmental remediation expenditure' means any amount which is paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer. Other Definitions. For purposes of this section Qualified contaminated site. In general. For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: A release or threatened release of any hazardous, toxic, or dangerous substance. Any storage tanks which contain any hazardous, toxic, or dangerous substance. Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Appropriate agency. For purposes of subparagraph (A), the appropriate agency is the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or if the agency described in clause designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. Hazardous, toxic, or dangerous substance. Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , the Resource Conservation and Recovery Act , or any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. Environmental remediation. The term `environmental remediation' means removal or remediation activity, including soil and ground water remediation, restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, health assessments or health effects studies, environmental investigations, remediation of off-site contamination caused by activity on the site, and any other costs reasonably required by reason of the environmental conditions of the site, including demolition of existing contaminated structures, site security, and permit fees necessary for remediation. Related person. Persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). Land and Other Property. This section shall not apply to any expenditure for the acquisition or improvement of land, or the acquisition or improvement of property of a character which is subject to the allowance under section 167 or section 611. Except that, for purposes of this section, allowances under section 167, and allowances under section 611, shall be treated as expenditures." Conforming Amendments. Paragraph (14) of section 1016(a) of such Code is amended by inserting ", or under section 198(b) ". Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking "or 193" and inserting "193, or 198". Subparagraph (C) of section 1245(a)(3) of such Code is amended by striking "or 194" and inserting "194, or 198". The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: "Section 198. Expensing and rapid amortization for certain environmental remediation expenditures." Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.	Amends the Internal Revenue Code to permit the expensing and amortization of qualified environmental remediation expenses.	To amend the Internal Revenue Code of 1986 to allow expensing and rapid amortization of certain environmental remediation expenditures.
104_hr2569	SECTION 1. RETURN TO OPERATIONAL STATUS. The Secretary of Energy (in this Act referred to as the ``Secretary'') shall immediately discontinue the shutdown of the Fast Flux Test Facility (in this Act referred to as the ``Facility''), and take action necessary to begin returning the Facility to operational status. To the extent possible, the technical staff shall be retained, and all documents, materials, spare parts, components and capabilities shall be preserved. The Facility shall be maintained in operation by the Secretary for at least 20 years, and for so much longer as it remains capable of performing missions established for it under section 2. SEC. 2. MISSIONS. (a) Task Force.-- (1) Establishment.--The Secretary shall establish a task force, to be composed of one individual each selected by-- (A) the National Academy of Sciences; (B) the American Physical Society; (C) the American Nuclear Society; (D) the College of Nuclear Physicians; and (E) the Nuclear Engineering Department Heads Organization. (2) Duties.--The task force established under paragraph (1) shall, within 6 months after the date of the enactment of this Act, transmit a report to the Congress that establishes a ranked list of missions for the Facility. Such list shall be established in consultation with the operating contractor of the Facility, taking into consideration the widest possible range of potential uses, both governmental and nongovernmental, for the Facility. Such uses shall include the following: (A) Reestablishing world leadership in beneficial nuclear technology and nuclear medicine. (B) The production of medical and other isotopes for use or sale by Federal or non-Federal entities. (C) The production of tritium needed to maintain the safety and reliability of our defense stockpile. (D) Irradiation services to support research and commercial objectives. (E) Demonstration programs to verify fast reactor capability to convert radioactive waste or weapons materials into a safer form. (F) Materials testing and physics research. (G) Service as a training center. (H) The production of steam to be used or sold by Federal or non-Federal entities, and for the testing of steam generators. (3) Travel expenses.--Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Implementation.--The Secretary shall implement the recommendations of the task force as missions of the Facility. SEC. 3. AGREEMENTS. The Secretary may enter into agreements with domestic and foreign entities for participation of such entities in the missions of the Facility. SEC. 4. OPERATIONS CONTRACT. Any contract entered into by the Secretary after the date of the enactment of this Act for the operation of the Facility shall include provisions to-- (1) ensure that all operations and experiments meet applicable safety requirements and acceptance criteria; (2) provide necessary support services to the non-Federal entities that have entered into agreements pursuant to section 3; (3) provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)); (4) indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the Facility. (5) indemnify, protect, and hold harmless the contractor from and against all liability to third parties (including liability for legal costs and for claims for personal injury, illness, property damage, and consequential damages) for negligence arising out of the contractor's performance under the contract, unless such liability was caused by conduct of the contractor which was grossly negligent or which constituted intentional misconduct; and (6) provide for indemnification of subcontractors as described in paragraphs (3), (4), and (5). SEC. 5. EXEMPTION FROM NUCLEAR REGULATORY COMMISSION REGULATION. No activities of the Facility or the operating contractor thereof shall be subject to licensing or other regulation by the Nuclear Regulatory Commission. SEC. 6. FAST FLUX TEST FACILITY FUND. There shall be established in the Treasury a separate fund to be known as the ``Fast Flux Test Facility Fund'', which shall include all appropriations made for the Facility and all funds received for the sale of products or services of the Facility or under agreements entered into under section 3. Amounts in such Fund shall be available, to the extent provided in advance in appropriations Acts, for the activities of the Facility. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the activities of the Facility and of the task force established under section 2(a)(1) $60,000,000 for fiscal year 1996.	Directs the Secretary of Energy to discontinue immediately the shutdown of the Fast Flux Test Facility and return it to operational status. Mandates that the Facility be maintained in operation by the Secretary for at least 20 years, and for so long as it is capable of performing specified missions. Instructs the Secretary to establish a task force to report to the Congress a ranked list of prescribed missions for the Facility. Exempts Facility activities and operating contractors from the licensing and regulatory purview of the Nuclear Regulatory Commission. Establishes the Fast Flux Text Facility Fund in the Treasury. Authorizes appropriations.	To require the Secretary of Energy to immediately begin returning the Fast Flux Test Facility to operational status, identify which missions will be given the highest priority, and prepare the facility to carry out those missions.	5,678	654	<SECTION-HEADER> RETURN TO OPERATIONAL STATUS. The Secretary of Energy shall immediately discontinue the shutdown of the Fast Flux Test Facility , and take action necessary to begin returning the Facility to operational status. To the extent possible, the technical staff shall be retained, and all documents, materials, spare parts, components and capabilities shall be preserved. The Facility shall be maintained in operation by the Secretary for at least 20 years, and for so much longer as it remains capable of performing missions established for it under section 2. <SECTION-HEADER> MISSIONS. Task Force. Establishment. The Secretary shall establish a task force, to be composed of one individual each selected by the National Academy of Sciences, the American Physical Society, the American Nuclear Society, the College of Nuclear Physicians. And the Nuclear Engineering Department Heads Organization. Duties. The task force established under paragraph (1) shall, within 6 months after the date of the enactment of this Act, transmit a report to the Congress that establishes a ranked list of missions for the Facility. Such list shall be established in consultation with the operating contractor of the Facility, taking into consideration the widest possible range of potential uses, both governmental and nongovernmental, for the Facility. Such uses shall include the following: Reestablishing world leadership in beneficial nuclear technology and nuclear medicine. The production of medical and other isotopes for use or sale by Federal or non-Federal entities. The production of tritium needed to maintain the safety and reliability of our defense stockpile. Irradiation services to support research and commercial objectives. Demonstration programs to verify fast reactor capability to convert radioactive waste or weapons materials into a safer form. Materials testing and physics research. Service as a training center. The production of steam to be used or sold by Federal or non-Federal entities, and for the testing of steam generators. Travel expenses. Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. Implementation. The Secretary shall implement the recommendations of the task force as missions of the Facility. <SECTION-HEADER> AGREEMENTS. The Secretary may enter into agreements with domestic and foreign entities for participation of such entities in the missions of the Facility. <SECTION-HEADER> OPERATIONS CONTRACT. Any contract entered into by the Secretary after the date of the enactment of this Act for the operation of the Facility shall include provisions to ensure that all operations and experiments meet applicable safety requirements and acceptance criteria. Provide necessary support services to the non-Federal entities that have entered into agreements pursuant to section 3. Provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 USC. 2210(d)). Indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the Facility. indemnify, protect, and hold harmless the contractor from and against all liability to third parties for negligence arising out of the contractor's performance under the contract, unless such liability was caused by conduct of the contractor which was grossly negligent or which constituted intentional misconduct. And provide for indemnification of subcontractors as described in paragraphs (3), (4), and (5). <SECTION-HEADER> EXEMPTION FROM NUCLEAR REGULATORY COMMISSION REGULATION. No activities of the Facility or the operating contractor thereof shall be subject to licensing or other regulation by the Nuclear Regulatory Commission. <SECTION-HEADER> FAST FLUX TEST FACILITY FUND. There shall be established in the Treasury a separate fund to be known as the "Fast Flux Test Facility Fund", which shall include all appropriations made for the Facility and all funds received for the sale of products or services of the Facility or under agreements entered into under section 3. Amounts in such Fund shall be available, to the extent provided in advance in appropriations Acts, for the activities of the Facility. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the activities of the Facility and of the task force established under section 2(a)(1) $60,000,000 for fiscal year 1996.	Directs the Secretary of Energy to discontinue immediately the shutdown of the Fast Flux Test Facility and return it to operational status. Mandates that the Facility be maintained in operation by the Secretary for at least 20 years, and for so long as it is capable of performing specified missions. Instructs the Secretary to establish a task force to report to the Congress a ranked list of prescribed missions for the Facility. Exempts Facility activities and operating contractors from the licensing and regulatory purview of the Nuclear Regulatory Commission. Establishes the Fast Flux Text Facility Fund in the Treasury. Authorizes appropriations.	To require the Secretary of Energy to immediately begin returning the Fast Flux Test Facility to operational status, identify which missions will be given the highest priority, and prepare the facility to carry out those missions.
111_s3357	SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Birth Control Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. (2) Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. (3) Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. (4) Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to emergency contraception for individuals aged 17 and older. (6) If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman's chance of unintended pregnancy. (7) Emergency contraception works like other hormonal birth control by preventing pregnancy. It also does not harm or terminate an already-established pregnancy. (8) Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual's personal beliefs. (9) Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. SEC. 3. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. ``(a) In General.--Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: ``(1) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. ``(2) If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: ``(A) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall-- ``(i) locate a pharmacy of the customer's choice or the closest pharmacy confirmed to have the contraceptive in stock; and ``(ii) refer the customer or transfer the prescription to that pharmacy. ``(B) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy's standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. ``(3) The pharmacy shall ensure that its employees do not-- ``(A) intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception; ``(B) interfere with or obstruct the delivery of services relating to a request for contraception; ``(C) intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action; ``(D) breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality; or ``(E) refuse to return a valid, lawful prescription for contraception upon customer request. ``(b) Contraceptives Not Ordinarily Stocked.--Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. ``(c) Refusals Pursuant to Standard Pharmacy Practice.--This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: ``(1) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. ``(2) If the customer is unable to pay for the contraceptive. ``(3) If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. ``(d) Rule of Construction.--Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. ``(e) Preemption.--This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. ``(f) Enforcement.-- ``(1) Civil penalty.--A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. ``(2) Private cause of action.--Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. ``(3) Limitations.--A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. ``(g) Definitions.--In this section: ``(1) The term `contraception' or `contraceptive' means any drug or device approved by the Food and Drug Administration to prevent pregnancy. ``(2) The term `employee' means a person hired, by contract or any other form of an agreement, by a pharmacy. ``(3) The term `pharmacy' means an entity that-- ``(A) is authorized by a State to engage in the business of selling prescription drugs at retail; and ``(B) employs one or more employees. ``(4) The term `product' means a Food and Drug Administration-approved drug or device. ``(5) The term `professional clinical judgment' means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. ``(6) The term `without delay', with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. ``(h) Effective Date.--This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section.''.	Access to Birth Control Act - Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock. (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business. And (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription. Provides that a pharmacy is not prohibited from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented, (2) the customer is unable to pay for the contraceptive. Or (3) the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Provides that this Act does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Sets forth civil penalties and establishes a a private cause of action for violations of this Act.	A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, and for other purposes.	9,427	1,747	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Access to Birth Control Act". <SECTION-HEADER> FINDINGS. Congress finds as follows: Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to emergency contraception for individuals aged 17 and older. If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman's chance of unintended pregnancy. Emergency contraception works like other hormonal birth control by preventing pregnancy. It also does not harm or terminate an already-established pregnancy. Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual's personal beliefs. Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. <SECTION-HEADER> DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. Part B of title II of the Public Health Service Act is amended by adding at the end the following: "Section 249. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. In General. Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall locate a pharmacy of the customer's choice or the closest pharmacy confirmed to have the contraceptive in stock. And refer the customer or transfer the prescription to that pharmacy. If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy's standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. The pharmacy shall ensure that its employees do not intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception. Interfere with or obstruct the delivery of services relating to a request for contraception. Intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action. Breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality. Or refuse to return a valid, lawful prescription for contraception upon customer request. Contraceptives Not Ordinarily Stocked. Nothing in subsection (2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. Refusals Pursuant to Standard Pharmacy Practice. This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. If the customer is unable to pay for the contraceptive. If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Rule of Construction. Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. Preemption. This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. Enforcement. Civil penalty. A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. Private cause of action. Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. Limitations. A civil action under paragraph (1) or may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. Definitions. In this section: The term `contraception' or `contraceptive' means any drug or device approved by the Food and Drug Administration to prevent pregnancy. The term `employee' means a person hired, by contract or any other form of an agreement, by a pharmacy. The term `pharmacy' means an entity that is authorized by a State to engage in the business of selling prescription drugs at retail. And employs one or more employees. The term `product' means a Food and Drug Administration-approved drug or device. The term `professional clinical judgment' means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. The term `without delay', with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. Effective Date. This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section.".	Access to Birth Control Act - Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock. (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business. And (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription. Provides that a pharmacy is not prohibited from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented, (2) the customer is unable to pay for the contraceptive. Or (3) the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Provides that this Act does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Sets forth civil penalties and establishes a a private cause of action for violations of this Act.	A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, and for other purposes.
107_s578	SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Merger Moratorium Act''. SEC. 2. MORATORIUM ON AIRLINE MERGERS. (a) In General.--During the 2-year period beginning on January 1, 2001, a major air carrier may not acquire directly or indirectly, any voting securities or assets of any other air carrier that would result in its having control of that other air carrier (or the assets of that air carrier), nor may a major air carrier be merged with another air carrier in any other form of transaction, if the resulting air carrier would have 10 percent or more of all enplanements in the United States, based on the most recently available data from the Department of Transportation. (b) Enforcement.--An acquisition or merger described in subsection (a) is deemed to be an unfair method of competition for purposes of section 41712 of title 49, United States Code. SEC. 3. MORATORIUM ON MERGER-RELATED CHANGES IN OPERATING AUTHORITY. (a) In General.--During the 2-year period described in section 2(a), the Secretary of Transportation may not-- (1) issue any new operating authority described in subsection (b) that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier; or (2) make or permit any changes in the operating authorities described in subsection (b) for a major air carrier if that change relates to, or is in connection with, that air carrier's acquisition of, or merger with, another air carrier. (b) Embargoed Operating Authorities.--The operating authorities to which subsection (a) applies are the following: (1) Operating certificates.--A certificate issued under chapter 411 of title 49, United States Code. (2) International route authorities.--A permit to provide foreign air transportation. (3) Slots.--Slots or slot exemptions. SEC. 4. ALLIANCES; CODE-SHARING; JOINT VENTURES. During the 2-year period described in section 2-- (1) the Secretary may not approve any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to an acquisition or merger described in section 2(a); and (2) no joint venture agreement described in section 41720(a)(1) of title 49, United States Code, that relates to, or is executed in connection with, an acquisition or merger described in section 2 may take effect. SEC. 5. EXCEPTIONS. (a) Small Carriers.--Sections 2, 3, and 4 do not apply to the operating authority for any air carrier (as defined in section 40102(a)(2) of title 49, United States Code) that is certified under chapter 411 of that title to provide air transportation of passengers that acquires or is acquired or merged with another air carrier unless the air carrier formed by the acquisition or merger would have 10 percent or more of all passenger enplanements in the United States, based on the most recently available data from the Department of Transportation. (b) Safety.--Nothing in section 3 prohibits any safety-related change in any operating authority described in that section. (c) Slots for New Entrants.--Section 3(b)(3) does not prohibit any change in a slot or slot exemption for the purpose of accommodating flight operations by-- (1) a new entrant air carrier (as defined in section 41714(h)(3) of title 49, United States Code); or (2) an air carrier that-- (A) is not involved in an acquisition or merger described in section 2; and (B) is operating service at a small hub airport or a medium hub airport, as such terms are defined in section 41714(h)(8) and (9), respectively, of title 49, United States Code, using aircraft with 71 or fewer seats. SEC. 6. DEFINITIONS. In this Act: (1) Major air carrier.--The term ``major air carrier'' means an air carrier certificated under section 41102 of title 49, United States Code, to provide air transportation of passengers that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of each year, as reported to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations, and identified as a reporting carrier periodically in accounting and reporting directives issued by the Office of Airline Information. (2) Change.--The term ``change'' includes issuance, denial, amendment, modification, suspension, revocation, and transfer, including de facto transfers of control of international operating authority through acquisition or merger. (3) Acquisition.--The term ``acquisition'' means acquisition of assets or stock and includes any assumption of indebtedness. (4) Merger.--The term ``merger'' includes any arrangement, whether through the use of a holding company, parent-subsidiary corporations, joint venture structure, or otherwise under which 2 or more entities are placed under common control. (5) Control.--With respect to whether a corporation or other entity is considered to be controlled by another corporation or other entity, the term `control' means that more than 10 percent of the ownership, voting rights, capital stock, or other pecuniary interest in that corporation or entity is owned, held, or controlled, directly or indirectly, by such other corporation or entity. (6) Passenger enplanements.--The term ``passenger enplanements'' means the average annual number of passenger enplanements as determined by the Department of Transportation for statistical purposes. SEC. 7. DEPARTMENT OF TRANSPORTATION STUDY. The Secretary of Transportation, during the 2-year period described in section 2(a), shall conduct a study to evaluate and determine the impact that consolidations and mergers in the airline industry to date have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities. The Secretary shall report the Secretary's findings and conclusions, together with any recommendations, to the Congress within 30 days after the end of the 2-year period described in section 2(a).	Airline Merger Moratorium Act - Prohibits, for a specified two-year period, a major air carrier from acquiring directly or indirectly any voting securities or assets of any other air carrier that would result in its having control of the other air carrier , or from being merged with another air carrier in any other form of transaction, if such merger results in the air carrier's having ten percent or more of all enplanements in the United States. Deems such acquisition or merger an unfair method of competition for purposes of an investigation by the Secretary of Transportation into whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation. Prohibits the Secretary, during such period, from: (1) issuing any new operating authority (domestic and international operating certificates, or slots or slot exemptions ,or making or permitting any changes in such authorities, that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier. And (2) approving any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to such acquisition or merger. Prohibits the taking effect during such period of any joint venture agreement between two or more major air carriers with regard to code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by major air carriers. Sets forth specified exceptions to such prohibitions. Directs the Secretary to study and report to Congress on the impact that consolidations and mergers in the airline industry have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities.	A bill to prohibit the Secretary of Transportation from amending or otherwise modifying the operating certificates of major air carriers in connection with a merger or acquisition for a period of 2 years, and for other purposes.	6,737	2,043	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Airline Merger Moratorium Act". <SECTION-HEADER> MORATORIUM ON AIRLINE MERGERS. In General. During the 2-year period beginning on January 1, 2001, a major air carrier may not acquire directly or indirectly, any voting securities or assets of any other air carrier that would result in its having control of that other air carrier , nor may a major air carrier be merged with another air carrier in any other form of transaction, if the resulting air carrier would have 10 percent or more of all enplanements in the United States, based on the most recently available data from the Department of Transportation. Enforcement. An acquisition or merger described in subsection is deemed to be an unfair method of competition for purposes of section 41712 of title 49, United States Code. <SECTION-HEADER> MORATORIUM ON MERGER-RELATED CHANGES IN OPERATING AUTHORITY. In General. During the 2-year period described in section 2(a), the Secretary of Transportation may not issue any new operating authority described in subsection (b) that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier. Or make or permit any changes in the operating authorities described in subsection (b) for a major air carrier if that change relates to, or is in connection with, that air carrier's acquisition of, or merger with, another air carrier. Embargoed Operating Authorities. The operating authorities to which subsection (a) applies are the following: Operating certificates. A certificate issued under chapter 411 of title 49, United States Code. International route authorities. A permit to provide foreign air transportation. Slots. Slots or slot exemptions. <SECTION-HEADER> ALLIANCES, CODE-SHARING. JOINT VENTURES. During the 2-year period described in section 2 the Secretary may not approve any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to an acquisition or merger described in section 2(a). And no joint venture agreement described in section 41720(a)(1) of title 49, United States Code, that relates to, or is executed in connection with, an acquisition or merger described in section 2 may take effect. <SECTION-HEADER> EXCEPTIONS. Small Carriers. Sections 2, 3, and 4 do not apply to the operating authority for any air carrier (as defined in section 40102(a) that is certified under chapter 411 of that title to provide air transportation of passengers that acquires or is acquired or merged with another air carrier unless the air carrier formed by the acquisition or merger would have 10 percent or more of all passenger enplanements in the United States, based on the most recently available data from the Department of Transportation. Safety. Nothing in section 3 prohibits any safety-related change in any operating authority described in that section. Slots for New Entrants. Section 3(b)(3) does not prohibit any change in a slot or slot exemption for the purpose of accommodating flight operations by a new entrant air carrier (as defined in section 41714(h). Or an air carrier that is not involved in an acquisition or merger described in section 2. And is operating service at a small hub airport or a medium hub airport, as such terms are defined in section 41714(h)(8) and (9), respectively, of title 49, United States Code, using aircraft with 71 or fewer seats. <SECTION-HEADER> DEFINITIONS. In this Act: Major air carrier. The term "major air carrier" means an air carrier certificated under section 41102 of title 49, United States Code, to provide air transportation of passengers that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of each year, as reported to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations, and identified as a reporting carrier periodically in accounting and reporting directives issued by the Office of Airline Information. Change. The term "change" includes issuance, denial, amendment, modification, suspension, revocation, and transfer, including de facto transfers of control of international operating authority through acquisition or merger. Acquisition. The term "acquisition" means acquisition of assets or stock and includes any assumption of indebtedness. Merger. The term "merger" includes any arrangement, whether through the use of a holding company, parent-subsidiary corporations, joint venture structure, or otherwise under which 2 or more entities are placed under common control. Control. With respect to whether a corporation or other entity is considered to be controlled by another corporation or other entity, the term `control' means that more than 10 percent of the ownership, voting rights, capital stock, or other pecuniary interest in that corporation or entity is owned, held, or controlled, directly or indirectly, by such other corporation or entity. Passenger enplanements. The term "passenger enplanements" means the average annual number of passenger enplanements as determined by the Department of Transportation for statistical purposes. <SECTION-HEADER> DEPARTMENT OF TRANSPORTATION STUDY. The Secretary of Transportation, during the 2-year period described in section 2(a), shall conduct a study to evaluate and determine the impact that consolidations and mergers in the airline industry to date have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities. The Secretary shall report the Secretary's findings and conclusions, together with any recommendations, to the Congress within 30 days after the end of the 2-year period described in section 2(a).	Airline Merger Moratorium Act - Prohibits, for a specified two-year period, a major air carrier from acquiring directly or indirectly any voting securities or assets of any other air carrier that would result in its having control of the other air carrier , or from being merged with another air carrier in any other form of transaction, if such merger results in the air carrier's having ten percent or more of all enplanements in the United States. Deems such acquisition or merger an unfair method of competition for purposes of an investigation by the Secretary of Transportation into whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation. Prohibits the Secretary, during such period, from: (1) issuing any new operating authority (domestic and international operating certificates, or slots or slot exemptions ,or making or permitting any changes in such authorities, that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier. And (2) approving any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to such acquisition or merger. Prohibits the taking effect during such period of any joint venture agreement between two or more major air carriers with regard to code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by major air carriers. Sets forth specified exceptions to such prohibitions. Directs the Secretary to study and report to Congress on the impact that consolidations and mergers in the airline industry have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities.	A bill to prohibit the Secretary of Transportation from amending or otherwise modifying the operating certificates of major air carriers in connection with a merger or acquisition for a period of 2 years, and for other purposes.
107_s435	SECTION 1. FINDINGS. Congress makes the following findings: (1) The international traffic in illicit drugs, particularly along the Southwest Border, poses a serious threat to the national security of the United States and to every nation where the production, transit, or consumption of such drugs occurs. (2) The United States considers combating international drug cartels to be one of its highest national security and foreign policy priorities. (3) In order to reduce and eliminate the illicit drug trade, the United States and countries where substantial production or transit of such drugs occurs must cooperate to eradicate and interdict supplies of such drugs and to penetrate the operations of major drug traffickers. (4) It is in the national interest that the President explore all possible mechanisms, including bilateral agreements and other plans on counternarcotics matters, in order to facilitate cooperation in joint counternarcotics programs and to better assist other governments in developing effective counternarcotics programs within their territories. (5) The bilateral agreements and other plans on counternarcotics matters to which the United States is a party should establish concrete and measurable goals with transparent benchmarks for measuring progress in the achievement of such goals. SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG AGREEMENTS AND PLANS WITH THE UNITED STATES. (a) In General.--Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2991j) is amended by adding at the end the following new subsection: ``(i) Inapplicability to Certain Countries Having Bilateral Counterdrug Agreements and Plans With the United States.-- ``(1) Inapplicability.--Subsections (a) through (g) shall not apply in a fiscal year to a country to which such subsections would otherwise apply in that fiscal year if the President determines, not later than December 31 of that fiscal year, that-- ``(A) the country is a party to a bilateral agreement and other plans with the United States, which agreement and plans together-- ``(i) are consistent with the goals and objectives established by international agreements on the illicit trafficking and abuse of narcotics and psychotropic drugs to which the United States and the country are parties; ``(ii) address issues relating to the control of illicit drugs, including production, distribution, and interdiction, demand reduction, the activities of criminal organizations, cooperation among law enforcement agencies (including the exchange of information and evidence), extradition of individuals involved in drug-related criminal activity, border security, money laundering, firearms trafficking, corruption, control of chemicals, asset forfeiture, and training and technical assistance; and ``(iii) include timetables and objective and measurable standards to assess the progress made by both countries with respect to such issues; and ``(B) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs. ``(2) Consultation.--The President shall make any determination under paragraph (1) after consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, the Director of the Office of National Drug Control Policy, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Immigration and Naturalization, and the Commissioner of Customs. ``(3) Reports.--Not later than December 31 and June 30 of a fiscal year, the President shall submit to Congress a report on the progress made with respect to the control of illicit drugs by each country determined to be covered by paragraph (1) for that fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to the withholding of bilateral assistance and opposition to multilateral assistance under section 490 of the Foreign Assistance Act of 1961 for fiscal years beginning after that date.	Amends the Foreign Assistance Act of 1961 with respect to certain annual presidential certifications to Congress required to allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance, provided certain conditions are met. Waives application of certification requirements to such a country if the President determines that: (1) it is a party to a bilateral agreement and other illicit drug control plans with the United States. And (2) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs.	A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes.	5,251	642	<SECTION-HEADER> FINDINGS. Congress makes the following findings: The international traffic in illicit drugs, particularly along the Southwest Border, poses a serious threat to the national security of the United States and to every nation where the production, transit, or consumption of such drugs occurs. The United States considers combating international drug cartels to be one of its highest national security and foreign policy priorities. In order to reduce and eliminate the illicit drug trade, the United States and countries where substantial production or transit of such drugs occurs must cooperate to eradicate and interdict supplies of such drugs and to penetrate the operations of major drug traffickers. It is in the national interest that the President explore all possible mechanisms, including bilateral agreements and other plans on counternarcotics matters, in order to facilitate cooperation in joint counternarcotics programs and to better assist other governments in developing effective counternarcotics programs within their territories. The bilateral agreements and other plans on counternarcotics matters to which the United States is a party should establish concrete and measurable goals with transparent benchmarks for measuring progress in the achievement of such goals. <SECTION-HEADER> INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG AGREEMENTS AND PLANS WITH THE UNITED STATES. In General. Section 490 of the Foreign Assistance Act of 1961 is amended by adding at the end the following new subsection: Inapplicability to Certain Countries Having Bilateral Counterdrug Agreements and Plans With the United States. Inapplicability. Subsections (a) through (g) shall not apply in a fiscal year to a country to which such subsections would otherwise apply in that fiscal year if the President determines, not later than December 31 of that fiscal year, that the country is a party to a bilateral agreement and other plans with the United States, which agreement and plans together are consistent with the goals and objectives established by international agreements on the illicit trafficking and abuse of narcotics and psychotropic drugs to which the United States and the country are parties. Address issues relating to the control of illicit drugs, including production, distribution, and interdiction, demand reduction, the activities of criminal organizations, cooperation among law enforcement agencies , extradition of individuals involved in drug-related criminal activity, border security, money laundering, firearms trafficking, corruption, control of chemicals, asset forfeiture, and training and technical assistance. And include timetables and objective and measurable standards to assess the progress made by both countries with respect to such issues. And progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs. Consultation. The President shall make any determination under paragraph (1) after consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, the Director of the Office of National Drug Control Policy, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Immigration and Naturalization, and the Commissioner of Customs. Reports. Not later than December 31 and June 30 of a fiscal year, the President shall submit to Congress a report on the progress made with respect to the control of illicit drugs by each country determined to be covered by paragraph (1) for that fiscal year.". Effective Date. The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to the withholding of bilateral assistance and opposition to multilateral assistance under section 490 of the Foreign Assistance Act of 1961 for fiscal years beginning after that date.	Amends the Foreign Assistance Act of 1961 with respect to certain annual presidential certifications to Congress required to allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance, provided certain conditions are met. Waives application of certification requirements to such a country if the President determines that: (1) it is a party to a bilateral agreement and other illicit drug control plans with the United States. And (2) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs.	A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes.
112_hr1124	SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Taxation Act of 2011''. SEC. 2. INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000 TAXABLE INCOME. (a) In General.-- (1) Married individuals filing joint returns and surviving spouses.--The table contained in subsection (a) of section 1 is amended to read as follows: If taxable income is: The tax is: Not over $69,000............... 15% of taxable income. Over $69,000 but not over $139,350. $10,350, plus 28% of the excess over $69,000. Over $139,350 but not over $212,300. $30,048, plus 31% of the excess over $139,350. Over $212,300 but not over $379,150. $52,662.50, plus 36% of the excess over $212,300. Over $379,150 but not over $1,000,000. $112,728.50, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $358,585.10, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,408,585.10, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,008,585.10, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,608,585.10, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,608,585.10, plus 49% over the excess over $1,000,000,000. (2) Heads of household.--The table contained in subsection (b) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $46,250............... 15% of taxable income. Over $46,250 but not over $119,400. $6,937.50, plus 28% of the excess over $46,250. Over $119,400 but not over $193,350. $27,419.50, plus 31% of the excess over $119,400. Over $193,350 but not over $379,150. $50,344, plus 36% of the excess over $193,350. Over $379,150 but not over $1,000,000. $117,232, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $363,088.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,413,088.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,013,088.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,613,088.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,613,088.60, plus 49% of the excess over $1,000,000,000. (3) Unmarried individuals (other than surviving spouses and heads of households).--The table contained in subsection (c) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... 15% of taxable income. Over $34,500 but not over $83,600. $5,175, plus 28% of the excess over $34,500. Over $83,600 but not over $174,400. $18,923, plus 31% of the excess over $83,600. Over $174,400 but not over $379,150. $47,071, plus 36% of the excess over $174,400. Over $379,150 but not over $1,000,000. $120,781, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $366,637.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,416,637.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,016,637.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,616,637.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,616,637.60, plus 49% of the excess over $1,000,000,000. (4) Married individuals filing separate returns.--The table contained in subsection (d) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... plus 15% of taxable income. Over $34,500 but not over $69,675. $5,175, plus 28% of the excess over $34,500. Over $69,675 but not over $106,150. $15,024, plus 31% of the excess over $69,675. Over $106,150 but not over $189,575. $26,331.25, plus 35% of the excess over $106,150. Over $189,575 but not over $500,000. $55,530, plus 39.6% of the excess over $189,575. Over $500,000 but not over $5,000,000. $178,458.30, plus 45% of the excess over $500,000. Over $5,000,000 but not over $10,000,000. $2,203,458.30, plus 46% of the excess over $5,000,000. Over $10,000,000 but not over $50,000,000. $4,503,458.30, plus 47% of the excess over $10,000,000. Over $50,000,000 but not over $500,000,000. $23,303,458.30, plus 48% of the excess over $50,000,000. Over $500,000,000.............. $239,303,458.30, plus 49% of the excess over $500,000,000. (b) Recapture of Lower Capital Gains Rates for Individuals Subject to Added Rate Brackets.-- (1) In general.--Section 1 of such Code is amended by adding at the end the following new subsection: ``(j) Special Rule for Capital Gains in Case of Taxable Income Subject to at Least 45-Percent Rate Bracket.--If for the taxable year a taxpayer has taxable income in excess of the minimum dollar amount for the 45-percent rate bracket and has a net capital gain, then-- ``(1) the tax imposed by this section for the taxable year with respect to such excess shall be determined without regard to subsection (h), and ``(2) the amount of net capital gain of the taxpayer taken into account for the taxable year under subsection (h) shall be reduced by the lesser of-- ``(A) such excess, or ``(B) the net capital gain for the taxable year. Any reduction in net capital gain under the preceding sentence shall be allocated between adjusted net capital gain, unrecaptured 1250 gain, and section 1202 gain in amounts proportionate to the amounts of each such gain.''. (2) Conforming amendment.--Paragraph (1) of section 1(h) of such Code is amended by striking ``If a taxpayer has'' and inserting ``Except to the extent provided in subsection (j), if a taxpayer has''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.	Fairness in Taxation Act of 2011 - Amends the Internal Revenue Code to: (1) increase individual income tax rates for taxpayers whose taxable income exceeds $1 million, and (2) provide for an adjustment in the capital gains tax of taxpayers whose taxable income is subject to the 45 tax bracket.	To amend the Internal Revenue Code of 1986 to impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income, and for other purposes.	10,796	294	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fairness in Taxation Act of 2011". <SECTION-HEADER> INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000 TAXABLE INCOME. In General. Married individuals filing joint returns and surviving spouses. The table contained in subsection (a) of section 1 is amended to read as follows: If taxable income is: The tax is: Not over $69,000........ 15 of taxable income. Over $69,000 but not over $139,350. $10,350, plus 28 of the excess over $69,000. Over $139,350 but not over $212,300. $30,048, plus 31 of the excess over $139,350. Over $212,300 but not over $379,150. $52,662.50, plus 36 of the excess over $212,300. Over $379,150 but not over $1,000,000. $112,728.50, plus 39.6 of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $358,585.10, plus 45 of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,408,585.10, plus 46 of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,008,585.10, plus 47 of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,608,585.10, plus 48 of the excess over $100,000,000. Over $1,000,000,000...... $478,608,585.10, plus 49 over the excess over $1,000,000,000. Heads of household. The table contained in subsection of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $46,250........ 15 of taxable income. Over $46,250 but not over $119,400. $6,937.50, plus 28 of the excess over $46,250. Over $119,400 but not over $193,350. $27,419.50, plus 31 of the excess over $119,400. Over $193,350 but not over $379,150. $50,344, plus 36 of the excess over $193,350. Over $379,150 but not over $1,000,000. $117,232, plus 39.6 of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $363,088.60, plus 45 of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,413,088.60, plus 46 of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,013,088.60, plus 47 of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,613,088.60, plus 48 of the excess over $100,000,000. Over $1,000,000,000...... $478,613,088.60, plus 49 of the excess over $1,000,000,000. Unmarried individuals . The table contained in subsection (c) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500........ 15 of taxable income. Over $34,500 but not over $83,600. $5,175, plus 28 of the excess over $34,500. Over $83,600 but not over $174,400. $18,923, plus 31 of the excess over $83,600. Over $174,400 but not over $379,150. $47,071, plus 36 of the excess over $174,400. Over $379,150 but not over $1,000,000. $120,781, plus 39.6 of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $366,637.60, plus 45 of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,416,637.60, plus 46 of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,016,637.60, plus 47 of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,616,637.60, plus 48 of the excess over $100,000,000. Over $1,000,000,000...... $478,616,637.60, plus 49 of the excess over $1,000,000,000. Married individuals filing separate returns. The table contained in subsection (d) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500........ plus 15 of taxable income. Over $34,500 but not over $69,675. $5,175, plus 28 of the excess over $34,500. Over $69,675 but not over $106,150. $15,024, plus 31 of the excess over $69,675. Over $106,150 but not over $189,575. $26,331.25, plus 35 of the excess over $106,150. Over $189,575 but not over $500,000. $55,530, plus 39.6 of the excess over $189,575. Over $500,000 but not over $5,000,000. $178,458.30, plus 45 of the excess over $500,000. Over $5,000,000 but not over $10,000,000. $2,203,458.30, plus 46 of the excess over $5,000,000. Over $10,000,000 but not over $50,000,000. $4,503,458.30, plus 47 of the excess over $10,000,000. Over $50,000,000 but not over $500,000,000. $23,303,458.30, plus 48 of the excess over $50,000,000. Over $500,000,000....... $239,303,458.30, plus 49 of the excess over $500,000,000. Recapture of Lower Capital Gains Rates for Individuals Subject to Added Rate Brackets. In general. Section 1 of such Code is amended by adding at the end the following new subsection: Special Rule for Capital Gains in Case of Taxable Income Subject to at Least 45-Percent Rate Bracket. If for the taxable year a taxpayer has taxable income in excess of the minimum dollar amount for the 45-percent rate bracket and has a net capital gain, then the tax imposed by this section for the taxable year with respect to such excess shall be determined without regard to subsection (h), and the amount of net capital gain of the taxpayer taken into account for the taxable year under subsection (h) shall be reduced by the lesser of such excess, or the net capital gain for the taxable year. Any reduction in net capital gain under the preceding sentence shall be allocated between adjusted net capital gain, unrecaptured 1250 gain, and section 1202 gain in amounts proportionate to the amounts of each such gain.". Conforming amendment. Paragraph (1) of section 1(h) of such Code is amended by striking "If a taxpayer has" and inserting "Except to the extent provided in subsection (j), if a taxpayer has". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2010.	Fairness in Taxation Act of 2011 - Amends the Internal Revenue Code to: (1) increase individual income tax rates for taxpayers whose taxable income exceeds $1 million, and (2) provide for an adjustment in the capital gains tax of taxpayers whose taxable income is subject to the 45 tax bracket.	To amend the Internal Revenue Code of 1986 to impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income, and for other purposes.
110_hr4174	SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Ocean Acidification Research And Monitoring Act of 2008'' or the ``FOARAM Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Interagency subcommittee. Sec. 5. Strategic research plan. Sec. 6. NOAA ocean acidification activities. Sec. 7. NSF ocean acidification activities. Sec. 8. NASA ocean acidification activities. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The oceans help regulate atmospheric chemistry by acting as the largest sink for carbon dioxide. (2) The rapid increase in atmospheric carbon dioxide is overwhelming the natural ability of the oceans to absorb this gas. (3) The influx of carbon dioxide into the atmosphere and the subsequent absorption by the oceans is changing surface ocean carbon chemistry and lowering the pH. These changes in ocean chemistry are detrimental to organisms including corals, which support one of the richest habitats on Earth, marine shellfish, and many other organisms that form the base of the food chain for many fish and marine mammals. (4) The rich biodiversity of marine organisms is an important contribution to the national economy and the change in ocean chemistry threatens tourism, our fisheries, and marine environmental quality, and could result in significant social and economic costs. (5) Existing Federal programs support research in related ocean chemistry, but gaps in funding, coordination, and outreach have impeded national progress in addressing ocean acidification. (6) National investment in a coordinated program of research and monitoring would improve the understanding of ocean acidification effects on whole ecosystems, advance our knowledge of the socioeconomic impacts of increased ocean acidification, and strengthen the ability of marine resource managers to assess and prepare for the harmful impacts of ocean acidification on our marine resources. (b) Purposes.--The purposes of this Act are to provide for-- (1) development and coordination of a comprehensive interagency plan to-- (A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; and (B) establish an interagency research and monitoring program on ocean acidification; (2) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and (3) research on adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. SEC. 3. DEFINITIONS. In this Act: (1) Ocean acidification.--The term ``ocean acidification'' means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (3) Subcommittee.--The term ``Subcommittee'' means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. SEC. 4. INTERAGENCY SUBCOMMITTEE. (a) Designation.--The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification. (b) Duties.--The Subcommittee shall-- (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act and oversee the implementation of the plan; (2) oversee the development of-- (A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; and (B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification; (3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources; (4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; and (5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. (c) Reports to Congress.-- (1) Initial report.--Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that-- (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) describes the progress in developing the plan required under section 5 of this Act. (2) Biennial report.--Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes-- (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5. (3) Strategic research plan.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. SEC. 5. STRATEGIC RESEARCH PLAN. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). (b) Contents of the Plan.--The plan shall-- (1) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will-- (A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems; (B) improve the ability to assess the socioeconomic impacts of ocean acidification; and (C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems; (2) describe specific activities, including-- (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; (D) technology and methods development; (E) data collection; (F) database development; (G) modeling activities; (H) assessment of ocean acidification impacts; and (I) participation in international research efforts; (3) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan; (4) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities; (5) make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations; (6) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan; (7) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; and (8) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. (c) Program Elements.--The plan shall include at a minimum the following program elements: (1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize-- (A) marine ecosystems; (B) changes in marine productivity; and (C) changes in surface ocean chemistry. (2) Research to understand the species specific physiological response of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification. (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms. (4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. (5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. (d) National Academy of Sciences Evaluation.--The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan. (e) Public Participation.--In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES. The Secretary shall conduct research and monitoring activities and may establish a program on ocean acidification within the National Oceanic and Atmospheric Administration consistent with the strategic research plan developed by the Subcommittee under section 5 that-- (1) includes-- (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification; (B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program; (C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification; (D) as an integral part of the research programs described in this Act, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification; (E) as an integral part of the research programs described in this Act, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources; and (F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others; (2) provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; and (3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES. (a) Research Activities.--The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidification and its impacts, including-- (1) impacts on marine organisms and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; and (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts. (b) Consistency.--The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations. SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES. (a) Ocean Acidification Activities.--The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. (b) Program Consistency.--The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) NOAA.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this Act-- (1) $8,000,000 for fiscal year 2009; (2) $12,000,000 for fiscal year 2010; (3) $15,000,000 for fiscal year 2011; and (4) $20,000,000 for fiscal year 2012. (b) NSF.--There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act-- (1) $6,000,000 for fiscal year 2009; (2) $8,000,000 for fiscal year 2010; (3) $12,000,000 for fiscal year 2011; and (4) $15,000,000 for fiscal year 2012. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.	Federal Ocean Acidification Research And Monitoring Act of 2008 or FOARAM Act - Defines ocean acidification, for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council: (1) coordinate federal activities on ocean acidification, (2) report biennially to specified congressional committees. (3) transmit the strategic research plan developed under this Act to those committees. And (4) submit a revised plan at least once every five years. Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides for an assessment of ocean acidification impacts on marine organisms and ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and ecosystems. Directs the Secretary of Commerce, through the administrator of the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan. Directs the Secretary to conduct research and monitoring and authorizes the Secretary to establish an ocean acidification program in NOAA consistent with the strategic research plan, including: (1) providing grants for critical research projects exploring the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the plan's goals and priorities. And (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program. Requires the NSF director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts. Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. Authorizes appropriations to NOAA and to NASA to carry out this Act.	To establish an interagency committee to develop an ocean acidification research and monitoring plan and to establish an ocean acidification program within the National Oceanic and Atmospheric Administration.	19,439	2,314	<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Federal Ocean Acidification Research And Monitoring Act of 2008" or the "FOARAM Act". Table of Contents. The table of contents for this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Findings and purposes. <SECTION-HEADER> Definitions. <SECTION-HEADER> Interagency subcommittee. <SECTION-HEADER> Strategic research plan. <SECTION-HEADER> NOAA ocean acidification activities. <SECTION-HEADER> NSF ocean acidification activities. <SECTION-HEADER> NASA ocean acidification activities. <SECTION-HEADER> Authorization of appropriations. <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds the following: The oceans help regulate atmospheric chemistry by acting as the largest sink for carbon dioxide. The rapid increase in atmospheric carbon dioxide is overwhelming the natural ability of the oceans to absorb this gas. The influx of carbon dioxide into the atmosphere and the subsequent absorption by the oceans is changing surface ocean carbon chemistry and lowering the pH. These changes in ocean chemistry are detrimental to organisms including corals, which support one of the richest habitats on Earth, marine shellfish, and many other organisms that form the base of the food chain for many fish and marine mammals. The rich biodiversity of marine organisms is an important contribution to the national economy and the change in ocean chemistry threatens tourism, our fisheries, and marine environmental quality, and could result in significant social and economic costs. Existing Federal programs support research in related ocean chemistry, but gaps in funding, coordination, and outreach have impeded national progress in addressing ocean acidification. National investment in a coordinated program of research and monitoring would improve the understanding of ocean acidification effects on whole ecosystems, advance our knowledge of the socioeconomic impacts of increased ocean acidification, and strengthen the ability of marine resource managers to assess and prepare for the harmful impacts of ocean acidification on our marine resources. Purposes. The purposes of this Act are to provide for development and coordination of a comprehensive interagency plan to monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems. And establish an interagency research and monitoring program on ocean acidification. Assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification. And research on adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. <SECTION-HEADER> DEFINITIONS. In this Act: Ocean acidification. The term "ocean acidification" means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Secretary. The term "Secretary" means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. Subcommittee. The term "Subcommittee" means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. <SECTION-HEADER> INTERAGENCY SUBCOMMITTEE. Designation. The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification. Duties. The Subcommittee shall develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act and oversee the implementation of the plan. Oversee the development of an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems. And adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification. Facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources. Coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations. And establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. Reports to Congress. Initial report. Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities. And describes the progress in developing the plan required under section 5 of this Act. Biennial report. Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities. And an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5. Strategic research plan. Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. <SECTION-HEADER> STRATEGIC RESEARCH PLAN. In General. Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). Contents of the Plan. The plan shall establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems. Improve the ability to assess the socioeconomic impacts of ocean acidification. And provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems, describe specific activities, including efforts to determine user needs, research activities, monitoring activities, technology and methods development, data collection, database development, modeling activities, assessment of ocean acidification impacts, and participation in international research efforts. Identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan. Consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities. Make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations. Outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan. Identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts. And describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. Program Elements. The plan shall include at a minimum the following program elements: Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize marine ecosystems, changes in marine productivity. And changes in surface ocean chemistry. Research to understand the species specific physiological response of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification. Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms. Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. National Academy of Sciences Evaluation. The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan. Public Participation. In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. <SECTION-HEADER> NOAA OCEAN ACIDIFICATION ACTIVITIES. The Secretary shall conduct research and monitoring activities and may establish a program on ocean acidification within the National Oceanic and Atmospheric Administration consistent with the strategic research plan developed by the Subcommittee under section 5 that includes interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification. The establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program. Research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. As an integral part of the research programs described in this Act, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification. As an integral part of the research programs described in this Act, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources. And coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others. Provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan. And incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. <SECTION-HEADER> NSF OCEAN ACIDIFICATION ACTIVITIES. Research Activities. The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidification and its impacts, including impacts on marine organisms and marine ecosystems, impacts on ocean, coastal, and estuarine biogeochemistry. And the development of methodologies and technologies to evaluate ocean acidification and its impacts. Consistency. The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5. Coordination. The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations. <SECTION-HEADER> NASA OCEAN ACIDIFICATION ACTIVITIES. Ocean Acidification Activities. The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. Program Consistency. The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5. Coordination. The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. NOAA. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this Act $8,000,000 for fiscal year 2009, $12,000,000 for fiscal year 2010, $15,000,000 for fiscal year 2011. And $20,000,000 for fiscal year 2012. NSF. There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act $6,000,000 for fiscal year 2009, $8,000,000 for fiscal year 2010, $12,000,000 for fiscal year 2011. And $15,000,000 for fiscal year 2012. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.	Federal Ocean Acidification Research And Monitoring Act of 2008 or FOARAM Act - Defines ocean acidification, for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council: (1) coordinate federal activities on ocean acidification, (2) report biennially to specified congressional committees. (3) transmit the strategic research plan developed under this Act to those committees. And (4) submit a revised plan at least once every five years. Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides for an assessment of ocean acidification impacts on marine organisms and ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and ecosystems. Directs the Secretary of Commerce, through the administrator of the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan. Directs the Secretary to conduct research and monitoring and authorizes the Secretary to establish an ocean acidification program in NOAA consistent with the strategic research plan, including: (1) providing grants for critical research projects exploring the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the plan's goals and priorities. And (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program. Requires the NSF director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts. Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. Authorizes appropriations to NOAA and to NASA to carry out this Act.	To establish an interagency committee to develop an ocean acidification research and monitoring plan and to establish an ocean acidification program within the National Oceanic and Atmospheric Administration.
104_hr3977	SECTION 1. TEMPORARY DUTY SUSPENSION. (a) In General.--Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.12 3-acetoxy-2- methylbenzoyl chloride (CAS No. 167678-46-8) (provided for in subheading 2918.29.65)........ Free No change On or before 3/30/ 97 9902.32.13 2S, 3R-N-Cbz-3-amino- 1-chloro-4- phenylsulfanyl- butan-2-ol (CAS No. 159878-02-1) (provided for in subheading 2922.19.60)........ Free No change On or before 3/30/ 97 9902.32.14 N-(1,1- dimethylethyl) decahydro-2-[2- hydroxy-3-[(3- hydroxy-2- methylbenzoyl) amino]-4- (phenylthio)butyl]- 3- isoquinolinecarboxa mide, [3S- [2(2S,3S), 3.a.,4a.b.,8a.b.]] (CAS No. 159989-64- 7) (provided for in subheading 2933.40.60)........ Free No change On or before 3/30/ 97 '' (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any goods described in subheading 9902.32.12, 9902.32.13, or 9902.32.14 of the Harmonized Tariff Schedule of the United States (as amended by subsection (a)) that was made-- (A) on or after August 1, 1996, and (B) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry or withdrawal occurred on the 15th day after the date of the enactment of this Act.	Amends the Harmonized Tariff Schedule of the United States to suspend, through March 30, 1997, the duty on certain chemicals used in the formulation of an HIV protease inhibitor.	To suspend temporarily the duty on certain chemicals used in the formulation of an HIV Protease Inhibitor.	5,587	178	<SECTION-HEADER> TEMPORARY DUTY SUSPENSION. In General. Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: " 9902.32.12 3-acetoxy-2- methylbenzoyl chloride .... Free No change On or before 330 97 9902.32.13 2S, 3R-N-Cbz-3-amino- 1-chloro-4- phenylsulfanyl- butan-2-ol .... Free No change On or before 330 97 9902.32.14 N- decahydro-2-2- hydroxy-3- amino-4- butyl- 3- isoquinolinecarboxa mide, 3S- 2(2S,3S), 3. a.4a. b.8a. b..... Free No change On or before 330 97 " Effective Date. In general. The amendment made by subsection (a) applies with respect to goods entered or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. Retroactive application to certain entries. Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any goods described in subheading 9902.32.12, 9902.32.13, or 9902.32.14 of the Harmonized Tariff Schedule of the United States (as amended by subsection (a)) that was made on or after August 1, 1996, and before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry or withdrawal occurred on the 15th day after the date of the enactment of this Act.	Amends the Harmonized Tariff Schedule of the United States to suspend, through March 30, 1997, the duty on certain chemicals used in the formulation of an HIV protease inhibitor.	To suspend temporarily the duty on certain chemicals used in the formulation of an HIV Protease Inhibitor.
109_s2614	SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Energy Refueling System Act of 2006''. SEC. 2. ALTERNATIVE ENERGY REFUELING SYSTEMS. (a) In General.--Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is amended by adding at the end the following: ``(13) Alternative energy refueling systems.-- ``(A) Definitions.--In this paragraph: ``(i) Alternative energy refueling system.--The term `alternative energy refueling system' means a system composed of 1 or more underground storage tanks, pumps, and pump fittings or other related infrastructure that is used to refuel motor vehicles with-- ``(I) compressed natural gas; ``(II) E-85 ethanol; ``(III) a fuel described in section 30C(c)(1) of the Internal Revenue Code of 1986; or ``(IV) any other alternative fuel, as determined by the Administrator. ``(ii) Eligible entity.--The term `eligible entity' means a refueling vendor or other person that is an owner or operator of a service station or other facility at which an alternative energy refueling system is located or proposed to be located. ``(B) Reimbursement program.-- ``(i) Establishment.--The Administrator shall establish a program to provide to eligible entities reimbursement from the Trust Fund of a portion of the costs of purchasing and installing 1 or more alternative energy refueling systems, including any alternative energy refueling system intended to replace a petroleum refueling tank or system. ``(ii) Application.--An eligible entity that seeks to receive reimbursement described in clause (i) shall submit to the Administrator an application by such time, in such form, and containing such information as the Administrator shall prescribe. ``(iii) Timing of reimbursement.--Not later than 30 days after the date on which the Administrator, in consultation with the appropriate State agency, verifies that an alternative energy refueling system for which reimbursement is requested by an eligible entity under this paragraph has been installed and is operational, the Administrator shall provide the reimbursement to the eligible entity. ``(iv) Limitations.-- ``(I) Prohibition on receipt of dual benefits.--An eligible entity that receives a tax credit under section 30C of the Internal Revenue Code of 1986 for placing in service a qualified alternative fuel vehicle refueling property (as defined in that section) may not receive any reimbursement under this paragraph for an alternative energy refueling system on the property if the cost of the alternative energy refueling system was taken into consideration in calculating the tax credit. ``(II) Number of systems.--An eligible entity may not receive reimbursement under this paragraph for more than 2 alternative energy refueling systems for each facility owned or operated by the eligible entity. ``(III) Amount.--The amount of reimbursement provided for an alternative energy refueling system under this paragraph shall not exceed the lesser of-- ``(aa) the amount that is 30 percent of the cost of the alternative energy refueling system; or ``(bb) $30,000. ``(C) No effect on other trust fund projects, activities, or responsibilities.-- ``(i) Other trust fund projects and activities.--In carrying out this paragraph, the Administrator shall not use funds from the Trust Fund that are obligated for, or otherwise required to carry out, other projects and activities under this subsection. ``(ii) Responsibilities.--Nothing in this paragraph affects any obligation of an owner or operator to comply with other provisions of this subtitle.''. (b) Conforming Amendment.--Section 9508(c) of the Internal Revenue Code of 1986 is amended by striking ``as in effect on'' and all that follows through the end of the subsection and inserting ``as amended by the Superfund Amendments and Reauthorization Act of 1986 and the Alternative Energy Refueling System Act of 2006''.	Alternative Energy Refueling System Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide eligible entities reimbursement from the Leaking Underground Storage Tank Trust Fund for a portion of the costs of purchasing and installing one or more alternative energy refueling systems . Prohibits an entity that receives a federal tax credit for placing in service a qualified alternative fuel vehicle refueling property from receiving reimbursement under this Act if the system cost was taken into consideration in calculating the tax credit. Limits reimbursement to: (1) two systems for each facility owned by an eligible entity. And (2) the lesser of 30 of a system's cost or $30,000.	A bill to amend the Solid Waste Disposal Act to establish a program to provide reimbursement for the installation of alternative energy refueling systems.	6,521	786	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Alternative Energy Refueling System Act of 2006". <SECTION-HEADER> ALTERNATIVE ENERGY REFUELING SYSTEMS. In General. Section 9003(h) of the Solid Waste Disposal Act (42 USC. 6991b(h)) is amended by adding at the end the following: Alternative energy refueling systems. Definitions. In this paragraph: Alternative energy refueling system. The term `alternative energy refueling system' means a system composed of 1 or more underground storage tanks, pumps, and pump fittings or other related infrastructure that is used to refuel motor vehicles with compressed natural gas, E-85 ethanol. A fuel described in section 30C(c)(1) of the Internal Revenue Code of 1986. Or any other alternative fuel, as determined by the Administrator. Eligible entity. The term `eligible entity' means a refueling vendor or other person that is an owner or operator of a service station or other facility at which an alternative energy refueling system is located or proposed to be located. Reimbursement program. Establishment. The Administrator shall establish a program to provide to eligible entities reimbursement from the Trust Fund of a portion of the costs of purchasing and installing 1 or more alternative energy refueling systems, including any alternative energy refueling system intended to replace a petroleum refueling tank or system. Application. An eligible entity that seeks to receive reimbursement described in clause (i) shall submit to the Administrator an application by such time, in such form, and containing such information as the Administrator shall prescribe. Timing of reimbursement. Not later than 30 days after the date on which the Administrator, in consultation with the appropriate State agency, verifies that an alternative energy refueling system for which reimbursement is requested by an eligible entity under this paragraph has been installed and is operational, the Administrator shall provide the reimbursement to the eligible entity. Limitations. Prohibition on receipt of dual benefits. An eligible entity that receives a tax credit under section 30C of the Internal Revenue Code of 1986 for placing in service a qualified alternative fuel vehicle refueling property may not receive any reimbursement under this paragraph for an alternative energy refueling system on the property if the cost of the alternative energy refueling system was taken into consideration in calculating the tax credit. Number of systems. An eligible entity may not receive reimbursement under this paragraph for more than 2 alternative energy refueling systems for each facility owned or operated by the eligible entity. Amount. The amount of reimbursement provided for an alternative energy refueling system under this paragraph shall not exceed the lesser of the amount that is 30 percent of the cost of the alternative energy refueling system. Or $30,000. No effect on other trust fund projects, activities, or responsibilities. Other trust fund projects and activities. In carrying out this paragraph, the Administrator shall not use funds from the Trust Fund that are obligated for, or otherwise required to carry out, other projects and activities under this subsection. Responsibilities. Nothing in this paragraph affects any obligation of an owner or operator to comply with other provisions of this subtitle.". Conforming Amendment. Section 9508(c) of the Internal Revenue Code of 1986 is amended by striking "as in effect on" and all that follows through the end of the subsection and inserting "as amended by the Superfund Amendments and Reauthorization Act of 1986 and the Alternative Energy Refueling System Act of 2006".	Alternative Energy Refueling System Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide eligible entities reimbursement from the Leaking Underground Storage Tank Trust Fund for a portion of the costs of purchasing and installing one or more alternative energy refueling systems . Prohibits an entity that receives a federal tax credit for placing in service a qualified alternative fuel vehicle refueling property from receiving reimbursement under this Act if the system cost was taken into consideration in calculating the tax credit. Limits reimbursement to: (1) two systems for each facility owned by an eligible entity. And (2) the lesser of 30 of a system's cost or $30,000.	A bill to amend the Solid Waste Disposal Act to establish a program to provide reimbursement for the installation of alternative energy refueling systems.
105_hr3573	SECTION 1. LIMITATION ON DISBURSEMENTS FROM THE EXCHANGE STABILIZATION FUND TO CERTAIN COUNTRIES. Section 5302 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(e) Limitation on Disbursements to Countries Not in Compliance With Certain IMF Commitments.-- ``(1) In general.--Notwithstanding any other provision of this section and subject to paragraph (2), the Secretary of the Treasury may not make any expenditure or loan, incur any other obligation, or make any guarantee in excess of $500,000,000 through the stabilization fund, for the purpose of engaging in a coordinated international rescue plan for any foreign entity or any government of a foreign country, unless the Secretary certifies to the Congress that such foreign country is meeting its commitments to the International Monetary Fund with respect to economic, market access, and financial reforms. ``(2) Aggregation rule.--For purposes of determining whether the amount of any expenditure, loan, obligation, or guarantee described in paragraph (1) with respect to any foreign entity or government of a foreign country exceeds the amount of the limitation imposed in such paragraph, the Secretary of the Treasury shall take into account the aggregate amount of all expenditures, loans, obligations, or guarantees which have been made or incurred through the stabilization fund with respect to such country for the purpose described in such paragraph during the 6-month period preceding the date such expenditure, loan, obligation, or guarantee is made or incurred.''. SEC. 2. REPORT TO THE CONGRESS ON ACTIONS BY THE UNITED STATES TO MONITOR FOREIGN GOVERNMENT COMPLIANCE WITH COMMITMENTS MADE TO THE IMF IN CONNECTION WITH FINANCIAL ASSISTANCE PACKAGES. (a) In General.--Not less frequently than semiannually, the Secretary of the Treasury shall submit to the Congress a report on the steps that the United States Government is taking to monitor the compliance of foreign governments in Asia with commitments made to the International Monetary Fund in connection with financial assistance packages provided or arranged by the International Monetary Fund. (b) Certain Matters To Be Included.--Each report required by subsection (a) shall include-- (1) a description of the actions that the United States Executive Director at the International Monetary Fund has taken to ensure that the International Monetary Fund adequately and effectively monitors and enforces the commitments referred to in subsection (a); and (2) a description of the actions that the Department of the Treasury has taken, in coordination with actions of the Office of the United States Trade Representative or the Department of Commerce, to monitor and enforce the commitments. SEC. 3. MONITORING OF EFFECTS OF THE ASIAN FINANCIAL CRISIS ON THE UNITED STATES AND OTHER ECONOMIES. (a) Commerce Department Report on Compliance by Asian Countries With Obligations Under International Agreements.--In coordination with the United States Trade Representative, the Secretary of Commerce shall monitor the progress that countries in Asia receiving financial assistance described in section 1 or 2 are making in implementing commitments they have made under international agreements to provide access to their markets for foreign goods and services. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. Each such report shall include the following: (1) A description of the progress made in resolving issues in dispute in the investigation initiated by the United States Trade Representative under section 301(b)(1) of the Trade Act of 1974 on October 1, 1997, pursuant to section 310 of that Act, in which tariff and nontariff barriers imposed by the Republic of Korea were identified as denying United States and other foreign automobiles access to markets in Korea. (2) A description of the progress made by the Republic of Korea in implementing its obligations under the United States- Korea Memorandum of Understanding of 1995 concerning trade in motor vehicles. (3) A description of the extent to which Indonesia is complying with its commitments to terminate benefits to its ``National Car'' program. (4) A description of the degree to which the countries have fully implemented reforms required by the International Monetary Fund that are directed at corporate governance and corporate structure, including-- (A) making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements; and (B) ensuring that no government subsidized support or tax privileges will be provided to prevent the financial failure of individual corporations, particularly in the semiconductor, steel, motor vehicle, and paper industries. (5) A description of the implementation of reform measures required by the International Monetary Fund to deregulate and privatize economic activity by ending domestic monopolies, undertaking trade liberalization, and opening up restricted areas of the economy to foreign investment and competition. (6) A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects of the trade policies on the United States. With regard to instances identified by the Secretary in which a country in Asia addressed in the report has failed to implement its obligations under international agreements to provide access to its markets for foreign goods and services, the Secretary, together with the United States Trade Representative, shall take appropriate action under the laws of the United States and under international dispute settlement procedures to enforce United States rights as a result of such failure. (b) Commerce Department Report on Third Country Actions To Accept Increased Asian Exports.--The Secretary of Commerce shall monitor exports of goods and services from those countries in Asia receiving financial assistance described in section 1 or 2 to determine the degree to which Japan, the countries of the European Union, and other major participants in the International Monetary Fund are opening their markets to any increase in those exports. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary, together with the Secretary of the Treasury and the United States Trade Representative, shall take all appropriate action that would result in those countries opening their markets to exports from those Asian countries in order to more equitably share the burden of responding to the financial crisis in Asia. (c) Commerce Department Report on Export Surges to the United States.--The Secretary of Commerce shall monitor exports from those countries in Asia receiving financial assistance described in section 1 or 2 to the United States to determine whether there is any significant increase in exports to the United States due to fluctuations in currency valuations, government subsidies, dumping, or transshipment through third countries. In conducting such monitoring, the Secretary shall take into account any outstanding antidumping and countervailing duty determinations on imports from those Asian countries. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary shall take appropriate action under the laws of the United States where there is evidence of dumping or subsidization causing injury to United States industries. (d) Consultation With Industry.--In carrying out the requirements of this section, the Secretary shall consult with representatives of import-sensitive United States industries for the purpose of sharing and confirming information and views that are relevant to the monitoring and reports required by this section. (e) Report on Effect of Financial Assistance.--The Secretary of Commerce, in consultation with the United States Trade Representative, shall report to the Congress annually, beginning not later than one year after the date of the enactment of this Act, concerning the extent to which financial assistance described in section 1 or 2 is contributing to economically sound financial, open market, trade, and commercial relations between each country in Asia receiving such assistance and other countries. SEC. 4. FULL ENFORCEMENT OF TRADE LAW REMEDIES. (a) Study.--To ensure the effectiveness of United States remedies against dumped and subsidized imports, the Secretary of Commerce shall conduct a study, in consultation with import-sensitive United States industries, to determine the appropriate application of United States antidumping and countervailing duty laws to imports from Asian countries, in light of currency devaluations and financial assistance described in section 1 or 2 that those countries have received. Such study shall-- (1) determine the appropriate treatment of rapid fluctuations in exchange rates that can severely reduce the price of goods sold in an exporter's home market (when converted to United States dollars) so that such fluctuations do not undermine the effectiveness of United States antidumping laws; (2) determine the appropriate treatment under United States countervailing duty laws of the difference between the interest rates on government-induced low-interest loans and the interest rates, if higher, that private lenders would demand for loans to the foreign companies concerned, taking into account the current levels of risk; and (3) determine the appropriate treatment under United States countervailing duty laws of subsidies received in the past, even if the exporter or other producer of the subsidized merchandise has been sold or privatized or has declared bankruptcy. (b) Report to Congress.--The Secretary of Commerce shall complete the study conducted under subsection (a), and submit to the Congress a report on the study, by not later than 6 months after the date of the enactment of this Act. SEC. 5. SUNSET. The provisions of this Act shall cease to be effective 8 years after the date of the enactment of this Act.	Amends Federal law governing the Department of the Treasury Exchange Stabilization Fund to prohibit the Secretary of the Treasury from making any expenditure or loan, incurring any other obligation, or making any guarantee over $500 million through the Fund for the purpose of engaging in a coordinated international rescue plan for any foreign entity or foreign government, unless the Secretary certifies to the Congress that such country is meeting its commitments to the International Monetary Fund (IMF) with respect to economic, market access, and financial reforms. Requires the Secretary to report semiannually to the Congress on Federal actions to monitor foreign governments in Asia with respect to their compliance with their commitments regarding IMF financial assistance packages. Directs the Secretary of Commerce, in coordination with the United States Trade Representative, to monitor and report bimonthly to the Congress on the progress made by specified Asian countries regarding their international commitments to provide access to their markets for foreign goods and services. Requires the Secretary of Commerce also to monitor exports from such countries to determine: (1) the degree to which major IMF participants, including Japan, are opening their markets to any export increases. And (2) whether there is any significant increase in exports to the United States due to currency fluctuations, government subsidies, dumping, or transshipment through third countries. Requires the Secretary of Commerce to: (1) report annually to the Congress on the extent to which financial assistance is contributing to economically sound financial, open market, trade, and commercial relations between recipient Asian countries. And (2) study and report to the Congress on the appropriate application of Federal antidumping and countervailing duty laws to Asian imports in light of currency devaluations and IMF financial assistance packages.	To impose certain limitations on disbursements from the Exchange Stabilization Fund to certain countries, and for other purposes.	11,726	1,951	<SECTION-HEADER> LIMITATION ON DISBURSEMENTS FROM THE EXCHANGE STABILIZATION FUND TO CERTAIN COUNTRIES. Section 5302 of title 31, United States Code, is amended by adding at the end the following new subsection: Limitation on Disbursements to Countries Not in Compliance With Certain IMF Commitments. In general. Notwithstanding any other provision of this section and subject to paragraph (2), the Secretary of the Treasury may not make any expenditure or loan, incur any other obligation, or make any guarantee in excess of $500,000,000 through the stabilization fund, for the purpose of engaging in a coordinated international rescue plan for any foreign entity or any government of a foreign country, unless the Secretary certifies to the Congress that such foreign country is meeting its commitments to the International Monetary Fund with respect to economic, market access, and financial reforms. Aggregation rule. For purposes of determining whether the amount of any expenditure, loan, obligation, or guarantee described in paragraph (1) with respect to any foreign entity or government of a foreign country exceeds the amount of the limitation imposed in such paragraph, the Secretary of the Treasury shall take into account the aggregate amount of all expenditures, loans, obligations, or guarantees which have been made or incurred through the stabilization fund with respect to such country for the purpose described in such paragraph during the 6-month period preceding the date such expenditure, loan, obligation, or guarantee is made or incurred.". <SECTION-HEADER> REPORT TO THE CONGRESS ON ACTIONS BY THE UNITED STATES TO MONITOR FOREIGN GOVERNMENT COMPLIANCE WITH COMMITMENTS MADE TO THE IMF IN CONNECTION WITH FINANCIAL ASSISTANCE PACKAGES. In General. Not less frequently than semiannually, the Secretary of the Treasury shall submit to the Congress a report on the steps that the United States Government is taking to monitor the compliance of foreign governments in Asia with commitments made to the International Monetary Fund in connection with financial assistance packages provided or arranged by the International Monetary Fund. Certain Matters To Be Included. Each report required by subsection (a) shall include a description of the actions that the United States Executive Director at the International Monetary Fund has taken to ensure that the International Monetary Fund adequately and effectively monitors and enforces the commitments referred to in subsection (a). And a description of the actions that the Department of the Treasury has taken, in coordination with actions of the Office of the United States Trade Representative or the Department of Commerce, to monitor and enforce the commitments. <SECTION-HEADER> MONITORING OF EFFECTS OF THE ASIAN FINANCIAL CRISIS ON THE UNITED STATES AND OTHER ECONOMIES. Commerce Department Report on Compliance by Asian Countries With Obligations Under International Agreements. In coordination with the United States Trade Representative, the Secretary of Commerce shall monitor the progress that countries in Asia receiving financial assistance described in section 1 or 2 are making in implementing commitments they have made under international agreements to provide access to their markets for foreign goods and services. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. Each such report shall include the following: A description of the progress made in resolving issues in dispute in the investigation initiated by the United States Trade Representative under section 301(b)(1) of the Trade Act of 1974 on October 1, 1997, pursuant to section 310 of that Act, in which tariff and nontariff barriers imposed by the Republic of Korea were identified as denying United States and other foreign automobiles access to markets in Korea. A description of the progress made by the Republic of Korea in implementing its obligations under the United States- Korea Memorandum of Understanding of 1995 concerning trade in motor vehicles. A description of the extent to which Indonesia is complying with its commitments to terminate benefits to its "National Car" program. A description of the degree to which the countries have fully implemented reforms required by the International Monetary Fund that are directed at corporate governance and corporate structure, including making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements. And ensuring that no government subsidized support or tax privileges will be provided to prevent the financial failure of individual corporations, particularly in the semiconductor, steel, motor vehicle, and paper industries. A description of the implementation of reform measures required by the International Monetary Fund to deregulate and privatize economic activity by ending domestic monopolies, undertaking trade liberalization, and opening up restricted areas of the economy to foreign investment and competition. A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects of the trade policies on the United States. With regard to instances identified by the Secretary in which a country in Asia addressed in the report has failed to implement its obligations under international agreements to provide access to its markets for foreign goods and services, the Secretary, together with the United States Trade Representative, shall take appropriate action under the laws of the United States and under international dispute settlement procedures to enforce United States rights as a result of such failure. Commerce Department Report on Third Country Actions To Accept Increased Asian Exports. The Secretary of Commerce shall monitor exports of goods and services from those countries in Asia receiving financial assistance described in section 1 or 2 to determine the degree to which Japan, the countries of the European Union, and other major participants in the International Monetary Fund are opening their markets to any increase in those exports. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary, together with the Secretary of the Treasury and the United States Trade Representative, shall take all appropriate action that would result in those countries opening their markets to exports from those Asian countries in order to more equitably share the burden of responding to the financial crisis in Asia. Commerce Department Report on Export Surges to the United States. The Secretary of Commerce shall monitor exports from those countries in Asia receiving financial assistance described in section 1 or 2 to the United States to determine whether there is any significant increase in exports to the United States due to fluctuations in currency valuations, government subsidies, dumping, or transshipment through third countries. In conducting such monitoring, the Secretary shall take into account any outstanding antidumping and countervailing duty determinations on imports from those Asian countries. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary shall take appropriate action under the laws of the United States where there is evidence of dumping or subsidization causing injury to United States industries. Consultation With Industry. In carrying out the requirements of this section, the Secretary shall consult with representatives of import-sensitive United States industries for the purpose of sharing and confirming information and views that are relevant to the monitoring and reports required by this section. Report on Effect of Financial Assistance. The Secretary of Commerce, in consultation with the United States Trade Representative, shall report to the Congress annually, beginning not later than one year after the date of the enactment of this Act, concerning the extent to which financial assistance described in section 1 or 2 is contributing to economically sound financial, open market, trade, and commercial relations between each country in Asia receiving such assistance and other countries. <SECTION-HEADER> FULL ENFORCEMENT OF TRADE LAW REMEDIES. Study. To ensure the effectiveness of United States remedies against dumped and subsidized imports, the Secretary of Commerce shall conduct a study, in consultation with import-sensitive United States industries, to determine the appropriate application of United States antidumping and countervailing duty laws to imports from Asian countries, in light of currency devaluations and financial assistance described in section 1 or 2 that those countries have received. Such study shall determine the appropriate treatment of rapid fluctuations in exchange rates that can severely reduce the price of goods sold in an exporter's home market so that such fluctuations do not undermine the effectiveness of United States antidumping laws. Determine the appropriate treatment under United States countervailing duty laws of the difference between the interest rates on government-induced low-interest loans and the interest rates, if higher, that private lenders would demand for loans to the foreign companies concerned, taking into account the current levels of risk. And determine the appropriate treatment under United States countervailing duty laws of subsidies received in the past, even if the exporter or other producer of the subsidized merchandise has been sold or privatized or has declared bankruptcy. Report to Congress. The Secretary of Commerce shall complete the study conducted under subsection (a), and submit to the Congress a report on the study, by not later than 6 months after the date of the enactment of this Act. <SECTION-HEADER> SUNSET. The provisions of this Act shall cease to be effective 8 years after the date of the enactment of this Act.	Amends Federal law governing the Department of the Treasury Exchange Stabilization Fund to prohibit the Secretary of the Treasury from making any expenditure or loan, incurring any other obligation, or making any guarantee over $500 million through the Fund for the purpose of engaging in a coordinated international rescue plan for any foreign entity or foreign government, unless the Secretary certifies to the Congress that such country is meeting its commitments to the International Monetary Fund (IMF) with respect to economic, market access, and financial reforms. Requires the Secretary to report semiannually to the Congress on Federal actions to monitor foreign governments in Asia with respect to their compliance with their commitments regarding IMF financial assistance packages. Directs the Secretary of Commerce, in coordination with the United States Trade Representative, to monitor and report bimonthly to the Congress on the progress made by specified Asian countries regarding their international commitments to provide access to their markets for foreign goods and services. Requires the Secretary of Commerce also to monitor exports from such countries to determine: (1) the degree to which major IMF participants, including Japan, are opening their markets to any export increases. And (2) whether there is any significant increase in exports to the United States due to currency fluctuations, government subsidies, dumping, or transshipment through third countries. Requires the Secretary of Commerce to: (1) report annually to the Congress on the extent to which financial assistance is contributing to economically sound financial, open market, trade, and commercial relations between recipient Asian countries. And (2) study and report to the Congress on the appropriate application of Federal antidumping and countervailing duty laws to Asian imports in light of currency devaluations and IMF financial assistance packages.	To impose certain limitations on disbursements from the Exchange Stabilization Fund to certain countries, and for other purposes.
103_hr1158	SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Affordability Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford their medications because of excessive and persistent prescription drug price inflation; (2) between 1980 and 1990, prescription drug price inflation was 3 times the rate of general inflation; (3) between 1985 and 1991, the prices of the 20 top selling prescription drugs, which account for almost a third of prescription sales, rose 79 percent--nearly 4 times the general rate of inflation; (4) prescription drug manufacturers continue to make enormous profits on the backs of the elderly, poor, and other vulnerable populations that are unable to afford their medications; (5) because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 3 of 4 elderly patients, surpassed only by costs of long-term care services; (6) individuals over 65 fill an average of 15 prescriptions a year to treat chronic health conditions compared to 5 prescriptions for those under 65; (7) the Federal Government and American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for non- research activities; (8) for example, in 1987 alone, the pharmaceutical industry received a section 936 tax credit of more than $1,400,000,000, and such credit is estimated to have yielded over $2,000,000,000 in tax breaks in 1990 to such industry; (9) when Congress enacted section 936 in 1976, it sought to help Puerto Rico obtain employment-producing investments, however, in 1987 the pharmaceutical industry received over half of the tax benefits provided by section 936 but employed less than 20 percent of the workers; (10) the Department of the Treasury will lose $15,000,000,000 in tax revenues during the 1993 through 1997 period due to section 936; and (11) 17 of the 21 most prescribed drugs in the United States in 1990 are authorized for Puerto Rican manufacture. (b) Purposes.--The purposes of this Act are to insure that the elderly, the chronically ill, and all Americans have access to reasonably-priced pharmaceutical products. SEC. 3. REDUCTION IN POSSESSIONS TAX CREDIT FOR EXCESSIVE PHARMACEUTICAL INFLATION. (a) In General.--Section 936 of the Internal Revenue Code of 1986 (relating to Puerto Rico and possession tax credit) is amended by adding at the end the following new subsection: ``(i) Reduction for Excessive Pharmaceutical Inflation.-- ``(1) In general.--In the case of any manufacturer of single source drugs or innovator multiple source drugs, the amount by which the credit under this section for the taxable year (determined without regard to this subsection) exceeds the manufacturer's wage base for such taxable year shall be reduced by the product of-- ``(A) the amount of such excess, multiplied by ``(B) the sum of the reduction percentages for each single source drug or innovator multiple source drug of the manufacturer for such taxable year. ``(2) Manufacturer's wage base.--For purposes of this subsection-- ``(A) In general.--The manufacturer's wage base for any taxable year is equal to the total amount of wages paid during such taxable year by the manufacturer to eligible employees in Puerto Rico with respect to the manufacture of single source drugs and innovator multiple source drugs. ``(B) Eligible employees.--The term `eligible employee' means any employee of the manufacturer (as defined in section 3121(d)) who is a bona fide resident of Puerto Rico and subject to tax by Puerto Rico on income from sources within and without Puerto Rico during the entire taxable year. ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a). ``(3) Reduction percentage.--For purposes of this subsection-- ``(A) In general.--The reduction percentage for any drug for any taxable year is the percentage determined by multiplying-- ``(i) the sales percentage for such drug for such taxable year, by ``(ii) the price increase percentage for such drug for such taxable year. ``(B) Sales percentage.--The sales percentage for any drug for any taxable year is the percentage determined by dividing-- ``(i) the total sales of such drug by the manufacturer for such taxable year, by ``(ii) the total sales of all single source drugs and innovator multiple source drugs by the manufacturer for such taxable year. ``(C) Price increase percentage.--The price increase percentage for any drug for any taxable year is the percentage determined by multiplying-- ``(i) 20, times ``(ii) the excess (if any) of-- ``(I) the percentage increase in the average manufacturer's price for such drug for the taxable year over such average price for the base taxable year, over ``(II) the percentage increase in the Consumer Price Index (as defined in section 1(g)(5)) for the taxable year over the base taxable year. ``(D) Total sales.-- ``(i) Domestic sales only.--Total sales shall only include sales for use or consumption in the United States. ``(ii) Sales to related parties not included.--Total sales shall not include sales to any related party (as defined in section 267(b)). ``(E) Average manufacturer's price.--The term `average manufacturer's price' for any taxable year means the average price paid to the manufacturer by wholesalers or direct buyers and purchasers for each single source drug or innovator multiple source drug sold to the various classes of purchasers. ``(F) Base taxable year.--The base taxable year for any single source drug or innovator multiple source drug is the later of-- ``(i) the last taxable year ending in 1991, or ``(ii) the first taxable year beginning after the date on which the marketing of such drug begins. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Manufacturer.-- ``(i) In general.--The term `manufacturer' means any person which is engaged in-- ``(I) the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or ``(II) in the packaging, repackaging, labeling, relabeling, or distribution of prescription drug products. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(ii) Controlled groups.--For purposes of clause (i)-- ``(I) Controlled group of corporations.--All corporations which are members of the same controlled group of corporations shall be treated as 1 person. For purposes of the preceding sentence, the term `controlled group of corporations' has the meaning given to such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and the determination shall be made without regard to subsections (a)(4) and (e)(3)(C) of section 1563. ``(II) Partnerships, proprietorships, etc., which are under common control.--Under regulations prescribed by the Secretary, all trades or business (whether or not incorporated) which are under common control shall be treated as 1 person. The regulations prescribed under this subclause shall be based on principles similar to the principles which apply in the case of subclause (I). ``(B) Single source drug.--The term `single source drug' means a drug or biological which is produced or distributed under an original new drug application or product licensing application, including a drug product or biological marketed by any cross-licensed producers or distributors operating under the new drug application or product licensing application. ``(C) Innovator multiple source drug.--The term `innovator multiple source drug' means a multiple source drug (within the meaning of section 1927(k)(7)(A)(i) of the Social Security Act) that was originally marketed under an original new drug application or a product licensing application approved by the Food and Drug Administration. ``(5) Special rules.--For purposes of this subsection-- ``(A) Dosage treatment.--Except as provided by the Secretary, each dosage form and strength of a single source drug or innovator multiple source drug shall be treated as a separate drug. ``(B) Rounding of percentages.--Any percentage shall be rounded to the nearest hundredth of a percent.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 4. ALLOCATION OF ADDITIONAL REVENUES. The additional revenues received in the Treasury during any fiscal year by reason of the provisions of section 936(i) of the Internal Revenue Code of 1986 (as added by section 3 of this Act) are hereby allocated for accounting purposes to a separate account in the Treasury to be used as follows: (1) 75 percent of such additional revenues shall be used for deficit reduction purposes. (2) 25 percent of such additional revenues shall be used for purposes of developing State prescription drug assistance programs (or supplementing existing State prescription drug assistance programs) for those States with the highest percentage of elderly or poor populations (as determined by the Bureau of the Census).	Prescription Drug Affordability Act of 1993 - Amends the Internal Revenue Code to reduce the amount by which the possession tax credit exceeds the manufacturer's wage base in the case of manufacturers of single source or innovator multiple source drugs. Allocates additional revenues received in the Treasury as a result of this Act as follows: (1) 75 percent for deficit reduction. And (2) 25 percent for developing or supplementing State prescription drug assistance programs for States with the highest percentage of elderly or poor populations.	Prescription Drug Affordability Act of 1993	13,744	548	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Prescription Drug Affordability Act of 1993". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds that although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford their medications because of excessive and persistent prescription drug price inflation. Between 1980 and 1990, prescription drug price inflation was 3 times the rate of general inflation. Between 1985 and 1991, the prices of the 20 top selling prescription drugs, which account for almost a third of prescription sales, rose 79 percent nearly 4 times the general rate of inflation. Prescription drug manufacturers continue to make enormous profits on the backs of the elderly, poor, and other vulnerable populations that are unable to afford their medications. Because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 3 of 4 elderly patients, surpassed only by costs of long-term care services. Individuals over 65 fill an average of 15 prescriptions a year to treat chronic health conditions compared to 5 prescriptions for those under 65. The Federal Government and American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for non- research activities. For example, in 1987 alone, the pharmaceutical industry received a section 936 tax credit of more than $1,400,000,000, and such credit is estimated to have yielded over $2,000,000,000 in tax breaks in 1990 to such industry. When Congress enacted section 936 in 1976, it sought to help Puerto Rico obtain employment-producing investments, however, in 1987 the pharmaceutical industry received over half of the tax benefits provided by section 936 but employed less than 20 percent of the workers. The Department of the Treasury will lose $15,000,000,000 in tax revenues during the 1993 through 1997 period due to section 936. And 17 of the 21 most prescribed drugs in the United States in 1990 are authorized for Puerto Rican manufacture. Purposes. The purposes of this Act are to insure that the elderly, the chronically ill, and all Americans have access to reasonably-priced pharmaceutical products. <SECTION-HEADER> REDUCTION IN POSSESSIONS TAX CREDIT FOR EXCESSIVE PHARMACEUTICAL INFLATION. In General. Section 936 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Reduction for Excessive Pharmaceutical Inflation. In general. In the case of any manufacturer of single source drugs or innovator multiple source drugs, the amount by which the credit under this section for the taxable year exceeds the manufacturer's wage base for such taxable year shall be reduced by the product of the amount of such excess, multiplied by the sum of the reduction percentages for each single source drug or innovator multiple source drug of the manufacturer for such taxable year. Manufacturer's wage base. For purposes of this subsection In general. The manufacturer's wage base for any taxable year is equal to the total amount of wages paid during such taxable year by the manufacturer to eligible employees in Puerto Rico with respect to the manufacture of single source drugs and innovator multiple source drugs. Eligible employees. The term `eligible employee' means any employee of the manufacturer (as defined in section 3121(d)) who is a bona fide resident of Puerto Rico and subject to tax by Puerto Rico on income from sources within and without Puerto Rico during the entire taxable year. Wages. The term `wages' has the meaning given such term by section 3121(a). Reduction percentage. For purposes of this subsection In general. The reduction percentage for any drug for any taxable year is the percentage determined by multiplying the sales percentage for such drug for such taxable year, by the price increase percentage for such drug for such taxable year. Sales percentage. The sales percentage for any drug for any taxable year is the percentage determined by dividing the total sales of such drug by the manufacturer for such taxable year, by the total sales of all single source drugs and innovator multiple source drugs by the manufacturer for such taxable year. Price increase percentage. The price increase percentage for any drug for any taxable year is the percentage determined by multiplying 20, times the excess of the percentage increase in the average manufacturer's price for such drug for the taxable year over such average price for the base taxable year, over the percentage increase in the Consumer Price Index (as defined in section 1(g)(5)) for the taxable year over the base taxable year. Total sales. Domestic sales only. Total sales shall only include sales for use or consumption in the United States. Sales to related parties not included. Total sales shall not include sales to any related party (as defined in section 267(b)). Average manufacturer's price. The term `average manufacturer's price' for any taxable year means the average price paid to the manufacturer by wholesalers or direct buyers and purchasers for each single source drug or innovator multiple source drug sold to the various classes of purchasers. Base taxable year. The base taxable year for any single source drug or innovator multiple source drug is the later of the last taxable year ending in 1991, or the first taxable year beginning after the date on which the marketing of such drug begins. Other definitions. For purposes of this subsection Manufacturer. In general. The term `manufacturer' means any person which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or in the packaging, repackaging, labeling, relabeling, or distribution of prescription drug products. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. Controlled groups. For purposes of clause (i) Controlled group of corporations. All corporations which are members of the same controlled group of corporations shall be treated as 1 person. For purposes of the preceding sentence, the term `controlled group of corporations' has the meaning given to such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and the determination shall be made without regard to subsections (a)(4) and (3)(C) of section 1563. Partnerships, proprietorships, etc. which are under common control. Under regulations prescribed by the Secretary, all trades or business which are under common control shall be treated as 1 person. The regulations prescribed under this subclause shall be based on principles similar to the principles which apply in the case of subclause (I). Single source drug. The term `single source drug' means a drug or biological which is produced or distributed under an original new drug application or product licensing application, including a drug product or biological marketed by any cross-licensed producers or distributors operating under the new drug application or product licensing application. Innovator multiple source drug. The term `innovator multiple source drug' means a multiple source drug (within the meaning of section 1927(k)(7)(A) that was originally marketed under an original new drug application or a product licensing application approved by the Food and Drug Administration. Special rules. For purposes of this subsection Dosage treatment. Except as provided by the Secretary, each dosage form and strength of a single source drug or innovator multiple source drug shall be treated as a separate drug. Rounding of percentages. Any percentage shall be rounded to the nearest hundredth of a percent.". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1993. <SECTION-HEADER> ALLOCATION OF ADDITIONAL REVENUES. The additional revenues received in the Treasury during any fiscal year by reason of the provisions of section 936(i) of the Internal Revenue Code of 1986 are hereby allocated for accounting purposes to a separate account in the Treasury to be used as follows: 75 percent of such additional revenues shall be used for deficit reduction purposes. 25 percent of such additional revenues shall be used for purposes of developing State prescription drug assistance programs for those States with the highest percentage of elderly or poor populations .	Prescription Drug Affordability Act of 1993 - Amends the Internal Revenue Code to reduce the amount by which the possession tax credit exceeds the manufacturer's wage base in the case of manufacturers of single source or innovator multiple source drugs. Allocates additional revenues received in the Treasury as a result of this Act as follows: (1) 75 percent for deficit reduction. And (2) 25 percent for developing or supplementing State prescription drug assistance programs for States with the highest percentage of elderly or poor populations.	Prescription Drug Affordability Act of 1993
110_s3090	SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008'' or the ``SAFE AIR Act of 2008''. SEC. 2. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102(a) of title 49, United States Code. (3) Air transportation.--The term ``air transportation'' has the meaning given that term in such section 40102(a). (4) Aircraft.--The term ``aircraft'' has the meaning given that term in such section 40102(a). (5) Covered maintenance work.--The term ``covered maintenance work'' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. (6) Part 121 air carrier.--The term ``part 121 air carrier'' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation). (7) Part 145 repair station.--The term ``part 145 repair station'' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation). (8) United states commercial aircraft.--The term ``United States commercial aircraft'' means an aircraft registered in the United States and owned or leased by a commercial air carrier. (b) Regulation of Repair Stations for Safety.-- (1) In general.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 44730. REPAIR STATIONS. ``(a) Definitions.--In this section: ``(1) Covered maintenance work.--The term `covered maintenance work' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. ``(2) Part 121 air carrier.--The term `part 121 air carrier' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation). ``(3) Part 145 repair station.--The term `part 145 repair station' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation). ``(4) United states commercial aircraft.--The term `United States commercial aircraft' means an aircraft registered in the United States and owned or leased by a commercial air carrier. ``(b) Requirements for Maintenance Personnel Providing Covered Maintenance Work.--Not later than 3 years after the date of the enactment of this section, the Administrator shall prescribe regulations requiring all covered maintenance work on United States commercial aircraft to be performed by maintenance personnel employed by-- ``(1) a part 145 repair station; ``(2) a part 121 air carrier; or ``(3) a person that provides contract maintenance personnel to a part 145 repair station or a part 121 air carrier, if such personnel-- ``(A) meet the requirements of such repair station or air carrier, as the case may be; ``(B) work under the direct supervision and control of such repair station or air carrier, as the case may be; and ``(C) carry out their work in accordance with the quality control manuals of such repair station or the maintenance manual of such air carrier, as the case may be. ``(c) Certification of Inspection of Foreign Repair Stations.--Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Administrator shall certify to Congress that-- ``(1) each certified foreign repair station that performs maintenance work on an aircraft or a component of an aircraft for a part 121 air carrier has been inspected not fewer than 2 times in the preceding calendar year by an aviation safety inspector of the Federal Aviation Administration; and ``(2) not fewer than 1 of the inspections required by paragraph (1) for each certified foreign repair station was carried out at such repair station without any advance notice to such foreign repair station. ``(d) Drug and Alcohol Testing of Foreign Repair Station Personnel.--Not later than 1 year after the date of the enactment of this section, the Administrator shall modify the certification requirements under part 145 of title 14, Code of Federal Regulations, to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of this title of any individual employed by a foreign repair station and performing a safety-sensitive function on a United States commercial aircraft for a foreign repair station.''. (2) Temporary program of identification and oversight of noncertified repair facilities.-- (A) Develop plan.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a plan for a program-- (i) to require each part 121 air carrier to identify and submit to the Administrator a complete list of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft used by such part 121 air carriers to provide air transportation; (ii) to validate lists described in clause (i) that are submitted by a part 121 air carrier to the Administrator by sampling the records of part 121 air carriers, such as maintenance activity reports and general vendor listings; and (iii) to carry out surveillance and oversight by field inspectors of the Federal Aviation Administration of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft for part 121 air carriers. (B) Report on plan for program.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains the plan required by subparagraph (A). (C) Implementation of planned program.--Not later than 1 year after the date of the enactment of this Act and until regulations are prescribed under section 44730(b) of title 49, United States Code, as added by paragraph (1), the Administrator shall carry out the plan required by subparagraph (A). (D) Annual report on implementation.--Not later than 180 days after the commencement of the plan under subparagraph (C) and each year thereafter until the regulations described in such subparagraph are prescribed, the Administrator shall submit to Congress a report on the implementation of the plan carried out under such subparagraph. (3) Clerical amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44730. Repairs stations.''. (c) Regulation of Foreign Repair Stations for Security.--Section 44924 of title 49, United States Code, is amended by adding at the end the following: ``(h) Compliance of Foreign Repair Stations With Security Regulations.-- ``(1) Prohibition on certification of foreign repair stations that do not comply with security regulations.--The Administrator may not certify or recertify a foreign repair station under part 145 of title 14, Code of Federal Regulations, unless such foreign repair station is in compliance with all applicable final security regulations prescribed under subsection (f). ``(2) Notification to air carriers of noncompliance by foreign repair stations.--If the Under Secretary for Border and Transportation Security of the Department of Homeland Security is aware that a foreign repair station is not in compliance with a security regulation or that a security issue or vulnerability has been identified with respect to such foreign repair station in a security review or audit required under subsection (a) or any regulation prescribed under subsection (f), the Under Secretary shall provide notice to each air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations, of such noncompliance or security issue or vulnerability.''. (d) Update of Foreign Repair Fee Schedule.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall revise the methodology for computation of fees for certification services performed outside the United States under part 187 of title 14, Code of Federal Regulations, to cover fully the costs to the Federal Aviation Administration of such certification services, including-- (A) the costs of all related inspection services; (B) all travel expenses, salary, and employment benefits of inspectors who provide such services; and (C) any increased costs to the Administration resulting from requirements of this section. (2) Updates.--The Administrator shall periodically revise such methodology to account for subsequent changes in such costs to the Administration. (e) Annual Report by Inspector General.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Inspector General of the Department of Transportation shall submit to Congress a report on the implementation of-- (1) section 44730 of title 49, United States Code, as added by subsection (b)(1) of this section; (2) subsection (b)(2) of this section; (3) subsection (h) of section 44924 of such title, as added by subsection (c) of this section; (4) subsection (d) of this section; and (5) the regulations prescribed or amended under the provisions described in this subsection.	Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008 or the SAFE AIR Act of 2008 - Requires the Administrator of the Federal Aviation Administration (FAA) to: (1) prescribe regulations requiring maintenance work on passenger aircraft to be performed by certain authorized individuals. (2) certify to Congress that the FAA has inspected each foreign repair station that has performed work on US air carrier aircraft or components at least twice in the preceding year and tested persons who perform safety-sensitive functions at such stations for use of alcohol or controlled substances. And (3) develop a plan to identify all noncertified maintenance providers that have performed maintenance work on such aircraft. Prohibits the Administrator from certifying a foreign repair station unless it complies with certain final security regulations.	A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes.	11,506	869	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008" or the "SAFE AIR Act of 2008". <SECTION-HEADER> ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS. Definitions. In this section: Administrator. The term "Administrator" means the Administrator of the Federal Aviation Administration. Air carrier. The term "air carrier" has the meaning given that term in section 40102(a) of title 49, United States Code. Air transportation. The term "air transportation" has the meaning given that term in such section 40102(a). Aircraft. The term "aircraft" has the meaning given that term in such section 40102(a). Covered maintenance work. The term "covered maintenance work" means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. Part 121 air carrier. The term "part 121 air carrier" means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations . Part 145 repair station. The term "part 145 repair station" means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations . United states commercial aircraft. The term "United States commercial aircraft" means an aircraft registered in the United States and owned or leased by a commercial air carrier. Regulation of Repair Stations for Safety. In general. Chapter 447 of title 49, United States Code, is amended by adding at the end the following: "Section 44730. REPAIR STATIONS. Definitions. In this section: Covered maintenance work. The term `covered maintenance work' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. Part 121 air carrier. The term `part 121 air carrier' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations . Part 145 repair station. The term `part 145 repair station' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations . United states commercial aircraft. The term `United States commercial aircraft' means an aircraft registered in the United States and owned or leased by a commercial air carrier. Requirements for Maintenance Personnel Providing Covered Maintenance Work. Not later than 3 years after the date of the enactment of this section, the Administrator shall prescribe regulations requiring all covered maintenance work on United States commercial aircraft to be performed by maintenance personnel employed by a part 145 repair station, a part 121 air carrier. Or a person that provides contract maintenance personnel to a part 145 repair station or a part 121 air carrier, if such personnel meet the requirements of such repair station or air carrier, as the case may be. Work under the direct supervision and control of such repair station or air carrier, as the case may be. And carry out their work in accordance with the quality control manuals of such repair station or the maintenance manual of such air carrier, as the case may be. Certification of Inspection of Foreign Repair Stations. Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Administrator shall certify to Congress that each certified foreign repair station that performs maintenance work on an aircraft or a component of an aircraft for a part 121 air carrier has been inspected not fewer than 2 times in the preceding calendar year by an aviation safety inspector of the Federal Aviation Administration. And not fewer than 1 of the inspections required by paragraph (1) for each certified foreign repair station was carried out at such repair station without any advance notice to such foreign repair station. Drug and Alcohol Testing of Foreign Repair Station Personnel. Not later than 1 year after the date of the enactment of this section, the Administrator shall modify the certification requirements under part 145 of title 14, Code of Federal Regulations, to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of this title of any individual employed by a foreign repair station and performing a safety-sensitive function on a United States commercial aircraft for a foreign repair station.". Temporary program of identification and oversight of noncertified repair facilities. Develop plan. Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a plan for a program to require each part 121 air carrier to identify and submit to the Administrator a complete list of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft used by such part 121 air carriers to provide air transportation. To validate lists described in clause that are submitted by a part 121 air carrier to the Administrator by sampling the records of part 121 air carriers, such as maintenance activity reports and general vendor listings. And to carry out surveillance and oversight by field inspectors of the Federal Aviation Administration of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft for part 121 air carriers. Report on plan for program. Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains the plan required by subparagraph (A). Implementation of planned program. Not later than 1 year after the date of the enactment of this Act and until regulations are prescribed under section 44730(b) of title 49, United States Code, as added by paragraph (1), the Administrator shall carry out the plan required by subparagraph (A). Annual report on implementation. Not later than 180 days after the commencement of the plan under subparagraph (C) and each year thereafter until the regulations described in such subparagraph are prescribed, the Administrator shall submit to Congress a report on the implementation of the plan carried out under such subparagraph. Clerical amendment. The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: "44730. Repairs stations.". Regulation of Foreign Repair Stations for Security. Section 44924 of title 49, United States Code, is amended by adding at the end the following: Compliance of Foreign Repair Stations With Security Regulations. Prohibition on certification of foreign repair stations that do not comply with security regulations. The Administrator may not certify or recertify a foreign repair station under part 145 of title 14, Code of Federal Regulations, unless such foreign repair station is in compliance with all applicable final security regulations prescribed under subsection (f). Notification to air carriers of noncompliance by foreign repair stations. If the Under Secretary for Border and Transportation Security of the Department of Homeland Security is aware that a foreign repair station is not in compliance with a security regulation or that a security issue or vulnerability has been identified with respect to such foreign repair station in a security review or audit required under subsection (a) or any regulation prescribed under subsection , the Under Secretary shall provide notice to each air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations, of such noncompliance or security issue or vulnerability.". Update of Foreign Repair Fee Schedule. In general. Not later than 1 year after the date of the enactment of this Act, the Administrator shall revise the methodology for computation of fees for certification services performed outside the United States under part 187 of title 14, Code of Federal Regulations, to cover fully the costs to the Federal Aviation Administration of such certification services, including the costs of all related inspection services. All travel expenses, salary, and employment benefits of inspectors who provide such services. And any increased costs to the Administration resulting from requirements of this section. Updates. The Administrator shall periodically revise such methodology to account for subsequent changes in such costs to the Administration. Annual Report by Inspector General. Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Inspector General of the Department of Transportation shall submit to Congress a report on the implementation of section 44730 of title 49, United States Code, as added by subsection (b)(1) of this section, subsection (b)(2) of this section. Subsection (h) of section 44924 of such title, as added by subsection (c) of this section, subsection (d) of this section. And the regulations prescribed or amended under the provisions described in this subsection.	Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008 or the SAFE AIR Act of 2008 - Requires the Administrator of the Federal Aviation Administration (FAA) to: (1) prescribe regulations requiring maintenance work on passenger aircraft to be performed by certain authorized individuals. (2) certify to Congress that the FAA has inspected each foreign repair station that has performed work on US air carrier aircraft or components at least twice in the preceding year and tested persons who perform safety-sensitive functions at such stations for use of alcohol or controlled substances. And (3) develop a plan to identify all noncertified maintenance providers that have performed maintenance work on such aircraft. Prohibits the Administrator from certifying a foreign repair station unless it complies with certain final security regulations.	A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes.
115_hr2733	SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Our Heroes Act''. SEC. 2. ESTABLISHMENT OF PILOT GRANT PROGRAM FOR HOMELESS VETERANS. (a) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot grant program to assess the feasibility and advisability of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. (b) Grants.-- (1) Award.--In carrying out the pilot program under subsection (a), the Secretary shall award grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. (2) Maximum amount.--The amount of a single grant awarded under paragraph (1) shall not exceed $1,000,000. (3) Number.--The Secretary may award to an eligible entity more than one grant under paragraph (1). (c) Eligible Entities.--The Secretary may award a grant under subsection (b)(1) to any of the following: (1) A veterans service agency. (2) A veterans service organization. (3) Homeless organizations. (4) Any other nongovernmental organization. (d) Selection of Grant Recipients.-- (1) Application.--Any eligible entity seeking a grant under subsection (b)(1) shall submit to the Secretary an application therefore in such form and in such manner as the Secretary considers appropriate. (2) Requirements.--The Secretary may only award grants under subsection (b)(1) to an eligible entity that demonstrates, as determined by the Secretary-- (A) a record of financial stability; and (B) experience in developing housing for homeless veterans. (3) Selection priority.-- (A) Communities with greatest need.--Subject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under subsection (b)(1) to eligible entities who serve communities that the Secretary determines have the greatest need of homeless services. (B) Geographic distribution.--The Secretary may give priority in the awarding of grants under subsection (b)(1) to achieve a fair distribution, as determined by the Secretary, among homeless veterans in different geographical regions. (C) Other agreements.--In awarding a grant under subsection (b)(1) to an eligible entity in a location determined pursuant to subparagraphs (A) and (B), the Secretary shall give preference to eligible entities that are entered into an agreement with the Secretary under section 2041 of title 38, United States Code. (e) Use of Grant Funds.-- (1) Purposes.--A grantee may use amounts of a grant awarded to the grantee under subsection (b)(1) to purchase or renovate abandoned homes, including homes that have been foreclosed. (2) Maximum purchase amount.--The Secretary shall establish maximum amounts, based on geography, for grants awarded under subsection (b)(1) that may be used for the purchase of a single home. (3) Payment program.-- (A) The United States shall not have any ownership interest in a home that is purchased by a grantee using amounts of a grant awarded under subsection (b)(1). (B) Each grantee shall ensure that, beginning one year after the date on which a veteran begins to reside in a home purchased or renovated by the grantee using a grant awarded under subsection (b)(1), the veteran makes monthly payments to the grantee in an amount determined appropriate by the grantee that is not less than 85 percent of the fair market rent for such home. (C) Each grantee shall determine whether payments made by a veteran under subparagraph (B) shall be treated as rent or as a mortgage for the home for which the veteran is making such payments. The Secretary, in coordination with the Secretary of Housing and Urban Development, shall determine the requirements for such payments. (D) Each grantee shall pay to the Secretary of Veterans Affairs not less than 80 percent of each payment received under subparagraph (B). (E) The Secretary may conduct an audit of any grantee to ensure that the grantee carries out this paragraph. (4) Veterans homelessness grant fund.-- (A) There is established in the Treasury a fund to be known as the ``Veterans Homelessness Grant Fund'' (in this paragraph referred to as the ``Fund''). (B) The Secretary shall deposit into the Fund the payments collected by the Secretary under paragraph (3)(D). (C) Amounts deposited into the Fund pursuant to subparagraph (B) shall be available to the Secretary to carry out the pilot program under subsection (a) without further appropriation. The Secretary may not use such amounts from the Fund for any other purpose unless pursuant to a specific provision of law. (f) Duration.--The Secretary shall carry out the pilot program under subsection (a) during the three-year period beginning on the date of the commencement of the pilot program. (g) Consultation.--The Secretary may consult with nongovernmental entities in developing the pilot program under subsection (a). (h) Annual Reports.--During each year in which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to Congress a report that details, with respect to the year covered by the report, the number of grants awarded, the amounts so awarded, the progress of home purchase and renovation made by eligible entities using such grants, and the number of tenants currently paying rent towards such homes. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary a total of $25,000,000 to carry out the pilot program under subsection (a). (j) Homeless Veteran Defined.--In this section, the term ``homeless veteran'' means any of the following veterans: (1) A veteran who is eligible to receive housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)). (2) A veteran who is receiving-- (A) assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code; or (B) services for which per diem payment is received under section 2012 of such title. (3) A veteran who is-- (A) a beneficiary of the outreach program carried out under section 2022(e) of such title; or (B) in receipt of referral or counseling services from the program carried out under section 2023 of such title. (4) A veteran who is receiving a service or assistance under section 2031 of such title. (5) A veteran who is residing in therapeutic housing operated under section 2032 of such title. (6) A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title. (7) A veteran who is receiving supportive services under section 2044 of such title.	Housing Our Heroes Act This bill directs the Department of Veterans Affairs (VA) to begin a three-year pilot grant program to assess the feasibility of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Eligible entities are veterans service agencies and organizations, homeless organizations, and other nongovernmental organizations that demonstrate a record of financial stability and experience in developing housing for homeless veterans. The VA shall give grant priority to entities that serve communities with the greatest need of homeless services and may give grant priority to achieve geographic grant distribution. The bill establishes the Veterans Homelessness Grant Fund.	Housing Our Heroes Act	8,508	733	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Housing Our Heroes Act". <SECTION-HEADER> ESTABLISHMENT OF PILOT GRANT PROGRAM FOR HOMELESS VETERANS. Establishment. Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot grant program to assess the feasibility and advisability of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Grants. Award. In carrying out the pilot program under subsection (a), the Secretary shall award grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Maximum amount. The amount of a single grant awarded under paragraph (1) shall not exceed $1,000,000. Number. The Secretary may award to an eligible entity more than one grant under paragraph (1). Eligible Entities. The Secretary may award a grant under subsection (b)(1) to any of the following: A veterans service agency. A veterans service organization. Homeless organizations. Any other nongovernmental organization. Selection of Grant Recipients. Application. Any eligible entity seeking a grant under subsection (b)(1) shall submit to the Secretary an application therefore in such form and in such manner as the Secretary considers appropriate. Requirements. The Secretary may only award grants under subsection (b)(1) to an eligible entity that demonstrates, as determined by the Secretary a record of financial stability. And experience in developing housing for homeless veterans. Selection priority. Communities with greatest need. Subject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under subsection (1) to eligible entities who serve communities that the Secretary determines have the greatest need of homeless services. Geographic distribution. The Secretary may give priority in the awarding of grants under subsection (b)(1) to achieve a fair distribution, as determined by the Secretary, among homeless veterans in different geographical regions. Other agreements. In awarding a grant under subsection (b)(1) to an eligible entity in a location determined pursuant to subparagraphs (A) and (B), the Secretary shall give preference to eligible entities that are entered into an agreement with the Secretary under section 2041 of title 38, United States Code. Use of Grant Funds. Purposes. A grantee may use amounts of a grant awarded to the grantee under subsection (b)(1) to purchase or renovate abandoned homes, including homes that have been foreclosed. Maximum purchase amount. The Secretary shall establish maximum amounts, based on geography, for grants awarded under subsection (b)(1) that may be used for the purchase of a single home. Payment program. The United States shall not have any ownership interest in a home that is purchased by a grantee using amounts of a grant awarded under subsection (b)(1). Each grantee shall ensure that, beginning one year after the date on which a veteran begins to reside in a home purchased or renovated by the grantee using a grant awarded under subsection (b)(1), the veteran makes monthly payments to the grantee in an amount determined appropriate by the grantee that is not less than 85 percent of the fair market rent for such home. Each grantee shall determine whether payments made by a veteran under subparagraph (B) shall be treated as rent or as a mortgage for the home for which the veteran is making such payments. The Secretary, in coordination with the Secretary of Housing and Urban Development, shall determine the requirements for such payments. Each grantee shall pay to the Secretary of Veterans Affairs not less than 80 percent of each payment received under subparagraph (B). The Secretary may conduct an audit of any grantee to ensure that the grantee carries out this paragraph. Veterans homelessness grant fund. There is established in the Treasury a fund to be known as the "Veterans Homelessness Grant Fund" . The Secretary shall deposit into the Fund the payments collected by the Secretary under paragraph (D). Amounts deposited into the Fund pursuant to subparagraph (B) shall be available to the Secretary to carry out the pilot program under subsection (a) without further appropriation. The Secretary may not use such amounts from the Fund for any other purpose unless pursuant to a specific provision of law. Duration. The Secretary shall carry out the pilot program under subsection (a) during the three-year period beginning on the date of the commencement of the pilot program. Consultation. The Secretary may consult with nongovernmental entities in developing the pilot program under subsection (a). Annual Reports. During each year in which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to Congress a report that details, with respect to the year covered by the report, the number of grants awarded, the amounts so awarded, the progress of home purchase and renovation made by eligible entities using such grants, and the number of tenants currently paying rent towards such homes. Authorization of Appropriations. There is authorized to be appropriated to the Secretary a total of $25,000,000 to carry out the pilot program under subsection (a). Homeless Veteran Defined. In this section, the term "homeless veteran" means any of the following veterans: A veteran who is eligible to receive housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 USC. 1437f(o)(19)). A veteran who is receiving assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code. Or services for which per diem payment is received under section 2012 of such title. A veteran who is a beneficiary of the outreach program carried out under section 2022(e) of such title. Or in receipt of referral or counseling services from the program carried out under section 2023 of such title. A veteran who is receiving a service or assistance under section 2031 of such title. A veteran who is residing in therapeutic housing operated under section 2032 of such title. A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title. A veteran who is receiving supportive services under section 2044 of such title.	Housing Our Heroes Act This bill directs the Department of Veterans Affairs (VA) to begin a three-year pilot grant program to assess the feasibility of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Eligible entities are veterans service agencies and organizations, homeless organizations, and other nongovernmental organizations that demonstrate a record of financial stability and experience in developing housing for homeless veterans. The VA shall give grant priority to entities that serve communities with the greatest need of homeless services and may give grant priority to achieve geographic grant distribution. The bill establishes the Veterans Homelessness Grant Fund.	Housing Our Heroes Act
111_hr3623	SECTION 1. FINDINGS. Congress finds the following: (1) The claims of a significant number of African-American farmers who brought discrimination cases against the Department of Agriculture in the case Pigford v. Glickman were denied without such farmers receiving a hearing on the merits of those claims. (2) Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2210) states that it is Congress' express intent that such section ``be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each Pigford claim previously denied that determination,'' and explicitly authorizes expedited resolutions to Pigford claims. (3) Such section authorizes the expenditure of $100,000,000 from the Commodity Credit Corporation for the purpose of addressing such claims. (4) The $100,000,000 expenditure was not intended to serve as a cap, but was intended to serve as a place-holder allowing Congress to increase funding as necessary so that each Pigford claim may be determined on the merits. (5) The number of African-American farmers who have had discrimination claims against the Department of Agriculture unfairly denied may total more than 77,000 persons. (6) Funding in addition to the $100,000,000 made available in such section 14012 will be needed to achieve Congress' intent to carry out the remedial purpose of having each Pigford claim determined on the merits. SEC. 2. FUNDING FOR PIGFORD CLAIMS. Section 14012 of the Food, Conservation, and Energy Act of 2008 (122 Stat. 2209; Public Law 110-246) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Criminal Penalties.-- ``(1) In general.--It shall be unlawful for any person to-- ``(A) knowingly execute, or attempt to execute, a scheme or artifice to defraud, or obtain money or property from any person by means of false or fraudulent pretenses, representations, or promises, relating to the eligibility or ability of a person to-- ``(i) file a civil action relating to a Pigford claim; ``(ii) submit a late-filing request under section 5(g) of the consent decree; ``(iii) obtain a determination on the merits of a Pigford claim; or ``(iv) recover damages or other relief relating to a Pigford claim; and ``(B) for the purpose of executing the scheme or artifice or attempting so to do, or obtaining the money or property-- ``(i) place or deposit, or cause to be placed or deposited, any matter or thing to be sent or delivered by the Postal Service or any private or commercial interstate carrier; ``(ii) take or receive any matter or thing sent or delivered by the Postal Service or any private or commercial interstate carrier; ``(iii) knowingly cause to be delivered by the Postal Service or any private or commercial interstate carrier any matter or thing according to the direction on the matter or thing, or at the place at which the matter or thing is directed to be delivered by the person to whom it is addressed; or ``(iv) transmit, or cause to be transmitted, any writings, signs, signals, pictures, or sounds by means of wire, radio, or television communication in interstate or foreign commerce. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.''; and (2) in subsection (i), by striking paragraph (2) and inserting the following: ``(2) Permanent judgment appropriation.-- ``(A) In general.--After the expenditure of all funds made available under paragraph (1), any additional payments or debt relief in satisfaction of claims against the United States under subsection (b) and for any actions under subsection (f) or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. ``(B) Authorization of certain expenses.-- Reasonable attorney's fees, administrative costs, and expenses described in section 14(a) of the consent decree and related to adjudicating the merits of claims brought under subsection (b), (f), or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. ``(3) Authorization of appropriations.--In addition to any other funds made available under this subsection, there are authorized to be appropriated such sums as are necessary to carry out this section.''.	Amends the Food, Conservation, and Energy Act of 2008 to make it unlawful for a person to knowingly commit specified fraudulent acts relating to a Pigford claim . Subjects a violator to criminal fine andor up to five years in prison. Provides for: (1) access to the permanent judgment fund for additional claims payments or debt relief after the expenditure of amounts otherwise made available for claims payments. And (2) reasonable attorney fees, administrative costs, and expenses to be paid from such fund.	To amend the Food, Conservation, and Energy Act of 2008 to provide funding for successful claimants following a determination on the merits of Pigford claims related to racial discrimination by the Department of Agriculture.	5,830	510	<SECTION-HEADER> FINDINGS. Congress finds the following: The claims of a significant number of African-American farmers who brought discrimination cases against the Department of Agriculture in the case Pigford v. Glickman were denied without such farmers receiving a hearing on the merits of those claims. Section 14012 of the Food, Conservation, and Energy Act of 2008 states that it is Congress' express intent that such section "be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each Pigford claim previously denied that determination," and explicitly authorizes expedited resolutions to Pigford claims. Such section authorizes the expenditure of $100,000,000 from the Commodity Credit Corporation for the purpose of addressing such claims. The $100,000,000 expenditure was not intended to serve as a cap, but was intended to serve as a place-holder allowing Congress to increase funding as necessary so that each Pigford claim may be determined on the merits. The number of African-American farmers who have had discrimination claims against the Department of Agriculture unfairly denied may total more than 77,000 persons. Funding in addition to the $100,000,000 made available in such section 14012 will be needed to achieve Congress' intent to carry out the remedial purpose of having each Pigford claim determined on the merits. <SECTION-HEADER> FUNDING FOR PIGFORD CLAIMS. Section 14012 of the Food, Conservation, and Energy Act of 2008 is amended by striking subsection (c) and inserting the following: Criminal Penalties. In general. It shall be unlawful for any person to knowingly execute, or attempt to execute, a scheme or artifice to defraud, or obtain money or property from any person by means of false or fraudulent pretenses, representations, or promises, relating to the eligibility or ability of a person to file a civil action relating to a Pigford claim. Submit a late-filing request under section 5(g) of the consent decree, obtain a determination on the merits of a Pigford claim. Or recover damages or other relief relating to a Pigford claim. And for the purpose of executing the scheme or artifice or attempting so to do, or obtaining the money or property place or deposit, or cause to be placed or deposited, any matter or thing to be sent or delivered by the Postal Service or any private or commercial interstate carrier. Take or receive any matter or thing sent or delivered by the Postal Service or any private or commercial interstate carrier. Knowingly cause to be delivered by the Postal Service or any private or commercial interstate carrier any matter or thing according to the direction on the matter or thing, or at the place at which the matter or thing is directed to be delivered by the person to whom it is addressed. Or transmit, or cause to be transmitted, any writings, signs, signals, pictures, or sounds by means of wire, radio, or television communication in interstate or foreign commerce. Penalty. Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.". And in subsection (i), by striking paragraph (2) and inserting the following: Permanent judgment appropriation. In general. After the expenditure of all funds made available under paragraph (1), any additional payments or debt relief in satisfaction of claims against the United States under subsection (b) and for any actions under subsection (f) or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. Authorization of certain expenses. Reasonable attorney's fees, administrative costs, and expenses described in section 14(a) of the consent decree and related to adjudicating the merits of claims brought under subsection (b), (f), or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. Authorization of appropriations. In addition to any other funds made available under this subsection, there are authorized to be appropriated such sums as are necessary to carry out this section.".	Amends the Food, Conservation, and Energy Act of 2008 to make it unlawful for a person to knowingly commit specified fraudulent acts relating to a Pigford claim . Subjects a violator to criminal fine andor up to five years in prison. Provides for: (1) access to the permanent judgment fund for additional claims payments or debt relief after the expenditure of amounts otherwise made available for claims payments. And (2) reasonable attorney fees, administrative costs, and expenses to be paid from such fund.	To amend the Food, Conservation, and Energy Act of 2008 to provide funding for successful claimants following a determination on the merits of Pigford claims related to racial discrimination by the Department of Agriculture.
114_hr4666	SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. (a) Background Checks.--Not later than 2 years after the date of enactment of this Act, each State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect policies and procedures that-- (1) require that a criminal background check be conducted for each school employee that includes-- (A) a search of the State criminal registry or repository of the State in which the school employee resides; (B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); (2) prohibit the employment of a school employee as a school employee if such employee-- (A) refuses to consent to a criminal background check under paragraph (1); (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of-- (i) murder; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency; (4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check; (5) provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to-- (A) challenge the accuracy or completeness of the information produced by such criminal background check; and (B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency; and (7) allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. (b) Fees for Background Checks.-- (1) Charging of fees.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check. (2) Administrative funds.--A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to pay any reasonable fees charged for conducting such criminal background check. (c) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``secondary school'', ``local educational agency'', ``State'', and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) School employee.--The term ``school employee'' means-- (A) a person who-- (i) is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or (B)(i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.	Protecting Students from Sexual and Violent Predators Act This bill requires anbsp. State or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories. Prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted ofnbsp, one ofnbsp, specified crimes. Require background checks to be periodically repeated or updated in accordance with state law or LEA policies, provide a school employeenbsp. With a timely process to appeal the results of a background check. Ensure that such policies and procedures are published on state and LEA websites. And allow an LEA to share the results of a school employee'snbsp. Recent background check with another LEA that is considering that individual for employment.	Protecting Students from Sexual and Violent Predators Act	7,065	984	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protecting Students from Sexual and Violent Predators Act". <SECTION-HEADER> BACKGROUND CHECKS. Background Checks. Not later than 2 years after the date of enactment of this Act, each State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives funds under the Elementary and Secondary Education Act of 1965 shall have in effect policies and procedures that require that a criminal background check be conducted for each school employee that includes a search of the State criminal registry or repository of the State in which the school employee resides. A search of State-based child abuse and neglect registries and databases of the State in which the school employee resides. A Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. And a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006. Prohibit the employment of a school employee as a school employee if such employee refuses to consent to a criminal background check under paragraph (1). Makes a false statement in connection with such criminal background check, has been convicted of a felony consisting of murder, child abuse or neglect, a crime against children, including child pornography, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson. Or physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1). Or has been convicted of any other crime that is a violent or sexual crime against a minor. Require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency. Upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check. Provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to challenge the accuracy or completeness of the information produced by such criminal background check. And establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected. Ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency. And allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. Fees for Background Checks. Charging of fees. The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check. Administrative funds. A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 to pay any reasonable fees charged for conducting such criminal background check. Definitions. In this Act: In general. The terms "elementary school", "secondary school", "local educational agency", "State", and "State educational agency" have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 . School employee. The term "school employee" means a person who is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965. And as a result of such employment, has a job duty that results in unsupervised access to elementary school or secondary school students. Or (i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965. And such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.	Protecting Students from Sexual and Violent Predators Act This bill requires anbsp. State or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories. Prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted ofnbsp, one ofnbsp, specified crimes. Require background checks to be periodically repeated or updated in accordance with state law or LEA policies, provide a school employeenbsp. With a timely process to appeal the results of a background check. Ensure that such policies and procedures are published on state and LEA websites. And allow an LEA to share the results of a school employee'snbsp. Recent background check with another LEA that is considering that individual for employment.	Protecting Students from Sexual and Violent Predators Act
107_s1258	SECTION 1. SHORT TITLE. This Act may be cited as the ``YMCA Teen Action Agenda Enhancement Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) one in 10 teens, 2,400,000 teens across the Nation, are currently involved in a program offered by a local YMCA; (2) recognizing the unique obstacles faced by teenagers, the YMCA has launched the Teen Action Agenda, a nationwide campaign to double this number and serve 1 in 5 teens by 2005; (3) in more than 1,900 YMCAs across the United States in cities large and small, in neighborhoods rich and poor, teen groups meet regularly and engage one another in safe, wholesome, educational, and creative activities; (4) it is well-documented that teens who participate in structured activities after school are less likely to drink alcohol, carry or use weapons, smoke cigarettes, engage in early sexual activity, or skip school; (5) YMCAs serve people of all faiths, races, abilities, ages, and incomes; (6) approximately 400 YMCAs partner with juvenile courts, 300 partner with public housing developments, 1550 partner with elementary schools, and 1033 partner with high schools; (7) the YMCA is volunteer-founded and volunteer-led and depends on more than 600,000 volunteers to meet the unique needs of their communities; (8) the YMCA is especially committed to reaching teens that are most at-risk for school failure or delinquency; and (9) the prosperity of our Nation depends upon maximizing and fulfilling the potential of its young people. SEC. 3. DEFINITIONS. In this Act: (1) Local ymca.--The term ``local YMCA'' means one of the approximately 2,400 locally incorporated and governed YMCAs in the United States. (2) Teen program.--The term ``teen program'' means any program primarily attended by individuals between the ages of 11 and 19. (3) YMCA of the usa.--The term ``YMCA of the USA'' means the private, nonprofit, national membership and service organization of approximately 2,400 local YMCAs. SEC. 4. GRANTS TO THE YMCA OF THE USA. (a) Purposes.--Subject to the availability of appropriations, the Attorney General shall award a grant to the YMCA of the USA for the purpose of carrying out YMCA programs for at-risk teens in accordance with the provisions of this Act. (b) Subgrants.--From amounts awarded under subsection (a), the YMCA of the USA shall make subgrants to local YMCAs authorizing expenditures associated with providing programs, including the hiring of teachers and other personnel, procurement of goods and services (including computer equipment), or such other expenditures as are approved by the Attorney General. SEC. 5. USE OF FUNDS. (a) In General.-- (1) Programs for at-risk teens.--Amounts granted under this Act shall be used by the YMCA of the USA to provide funding to carry out YMCA programs that have a primary purpose of serving teens who are determined to be at-risk for school failure or delinquency. (2) Program requirements.--Each program for which assistance is provided under this Act shall include at least 3 of the following different activities: (A) Mentoring assistance. (B) Academic assistance. (C) Recreational, fitness, and athletic activities. (D) Technology training. (E) Drug, alcohol, and gang prevention. (F) Job and life skills. (G) Character development and values education. (H) Leadership development. (I) Truancy and dropout prevention. (J) Civic education. (K) Volunteerism and service learning. (L) Parenting skills. (M) Literary, performing, and visual arts. (N) Mental health services. (O) Alternative education. (P) Any research-based activity shown to have a positive impact on the academic and social outcomes of teens. (b) Additional Requirements.--In carrying out the programs under subsection (a), a local YMCA shall, to the maximum extent practicable-- (1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways; (2) develop creative methods of conducting outreach to teens in the community; (3) request donations of computer equipment and other materials and equipment; and (4) work with State and local educational and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. (c) Funding for Program Administration.--Of the amounts granted to the YMCA of the USA under this Act in each fiscal year, the YMCA of the USA shall use-- (1) not less than 2 percent for research and evaluation of the subgrants made under this Act; (2) not less than 1 percent for technical assistance related to the subgrants awarded under this Act; and (3) not more than 6 percent for the management and administration of the subgrants made under this Act. SEC. 6. APPLICATIONS FOR SUBGRANTS. (a) Eligibility.--To be eligible to receive a subgrant under this Act, an applicant shall submit an application to the YMCA of the USA. (b) Contents.--Each application submitted shall include-- (1) a request for a subgrant to be used for the purposes of this Act; (2) a description of the population to be served by the subgrant and information demonstrating that this population is at-risk for school failure or delinquency; (3) a description of the program to be expanded or established by the subgrant; (4) information demonstrating the manner in which the local YMCA will carry out the planning, establishment, implementation, sustainability, and evaluation of the program funded by the subgrant; (5) information demonstrating that there are non-Federal contributions (which may be in the form of an in-kind contribution of goods or services) available to cover at least 50 percent of the total cost of the project; and (6) any additional statistical or financial information that the YMCA of the USA may reasonably require. (c) Consideration of Subgrants.--In awarding subgrants under this Act, the YMCA of the USA shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing teen activities; and (3) efforts to achieve an equitable geographic distribution of subgrant awards. SEC. 7. REPORT. For each fiscal year for which a grant is awarded under this Act, the YMCA of the USA shall submit to the Attorney General a report that details the progress and effectiveness of the YMCA programs in reaching measurable outcomes. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2002 through 2006. (b) Continued Availability.--Amounts made available to carry out this Act shall remain available until expended.	YMCA Teen Action Agenda Enhancement of 2001 - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs for at-risk teens which include specified types of activities.	A bill to improve academic and social outcomes for teenage youth.	8,008	223	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "YMCA Teen Action Agenda Enhancement Act of 2001". <SECTION-HEADER> FINDINGS. Congress finds that one in 10 teens, 2,400,000 teens across the Nation, are currently involved in a program offered by a local YMCA. Recognizing the unique obstacles faced by teenagers, the YMCA has launched the Teen Action Agenda, a nationwide campaign to double this number and serve 1 in 5 teens by 2005. In more than 1,900 YMCAs across the United States in cities large and small, in neighborhoods rich and poor, teen groups meet regularly and engage one another in safe, wholesome, educational, and creative activities. It is well-documented that teens who participate in structured activities after school are less likely to drink alcohol, carry or use weapons, smoke cigarettes, engage in early sexual activity, or skip school. YMCAs serve people of all faiths, races, abilities, ages, and incomes. Approximately 400 YMCAs partner with juvenile courts, 300 partner with public housing developments, 1550 partner with elementary schools, and 1033 partner with high schools. The YMCA is volunteer-founded and volunteer-led and depends on more than 600,000 volunteers to meet the unique needs of their communities. The YMCA is especially committed to reaching teens that are most at-risk for school failure or delinquency. And the prosperity of our Nation depends upon maximizing and fulfilling the potential of its young people. <SECTION-HEADER> DEFINITIONS. In this Act: Local ymca. The term "local YMCA" means one of the approximately 2,400 locally incorporated and governed YMCAs in the United States. Teen program. The term "teen program" means any program primarily attended by individuals between the ages of 11 and 19. YMCA of the usa. The term "YMCA of the USA" means the private, nonprofit, national membership and service organization of approximately 2,400 local YMCAs. <SECTION-HEADER> GRANTS TO THE YMCA OF THE USA. Purposes. Subject to the availability of appropriations, the Attorney General shall award a grant to the YMCA of the USA for the purpose of carrying out YMCA programs for at-risk teens in accordance with the provisions of this Act. Subgrants. From amounts awarded under subsection (a), the YMCA of the USA shall make subgrants to local YMCAs authorizing expenditures associated with providing programs, including the hiring of teachers and other personnel, procurement of goods and services , or such other expenditures as are approved by the Attorney General. <SECTION-HEADER> USE OF FUNDS. In General. Programs for at-risk teens. Amounts granted under this Act shall be used by the YMCA of the USA to provide funding to carry out YMCA programs that have a primary purpose of serving teens who are determined to be at-risk for school failure or delinquency. Program requirements. Each program for which assistance is provided under this Act shall include at least 3 of the following different activities: Mentoring assistance. Academic assistance. Recreational, fitness, and athletic activities. Technology training. Drug, alcohol, and gang prevention. Job and life skills. Character development and values education. Leadership development. Truancy and dropout prevention. Civic education. Volunteerism and service learning. Parenting skills. Literary, performing, and visual arts. Mental health services. Alternative education. Any research-based activity shown to have a positive impact on the academic and social outcomes of teens. Additional Requirements. In carrying out the programs under subsection (a), a local YMCA shall, to the maximum extent practicable use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways. Develop creative methods of conducting outreach to teens in the community, request donations of computer equipment and other materials and equipment. And work with State and local educational and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. Funding for Program Administration. Of the amounts granted to the YMCA of the USA under this Act in each fiscal year, the YMCA of the USA shall use not less than 2 percent for research and evaluation of the subgrants made under this Act. Not less than 1 percent for technical assistance related to the subgrants awarded under this Act. And not more than 6 percent for the management and administration of the subgrants made under this Act. <SECTION-HEADER> APPLICATIONS FOR SUBGRANTS. Eligibility. To be eligible to receive a subgrant under this Act, an applicant shall submit an application to the YMCA of the USA. Contents. Each application submitted shall include a request for a subgrant to be used for the purposes of this Act. A description of the population to be served by the subgrant and information demonstrating that this population is at-risk for school failure or delinquency. A description of the program to be expanded or established by the subgrant. Information demonstrating the manner in which the local YMCA will carry out the planning, establishment, implementation, sustainability, and evaluation of the program funded by the subgrant. Information demonstrating that there are non-Federal contributions available to cover at least 50 percent of the total cost of the project. And any additional statistical or financial information that the YMCA of the USA may reasonably require. Consideration of Subgrants. In awarding subgrants under this Act, the YMCA of the USA shall consider the ability of the applicant to provide the intended services. The history and establishment of the applicant in providing teen activities. And efforts to achieve an equitable geographic distribution of subgrant awards. <SECTION-HEADER> REPORT. For each fiscal year for which a grant is awarded under this Act, the YMCA of the USA shall submit to the Attorney General a report that details the progress and effectiveness of the YMCA programs in reaching measurable outcomes. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. In General. There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2002 through 2006. Continued Availability. Amounts made available to carry out this Act shall remain available until expended.	YMCA Teen Action Agenda Enhancement of 2001 - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs for at-risk teens which include specified types of activities.	A bill to improve academic and social outcomes for teenage youth.
107_hr850	SECTION 1. SHORT TITLE. This Act may be cited as the ``National Coast Guard Museum Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is no national museum to commemorate and honor the Coast Guard's history, mission, personnel, and traditions or those of its predecessor services and agencies. (2) There should be established a National Coast Guard Museum to commemorate the 210 years of national maritime and military history of the Coast Guard and its predecessor services and agencies. SEC. 3. DEFINITIONS. In this Act: (1) Association.--The term ``Association'' means the National Coast Guard Museum Association (a nonprofit corporation established under the laws of the State of Massachusetts), or a similar organization. (2) Museum.--The term ``Museum'' means the National Coast Guard Museum established under sections 4(a). (3) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (4) Fund.--The term ``Fund'' means the National Coast Guard Museum Fund established under section 5(a). SEC. 4. NATIONAL COAST GUARD MUSEUM. (a) Establishment.--The Commandant may, in accordance with this section, establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. (b) Construction.-- (1) License.--The Commandant may grant a license to the Association authorizing the Association to construct facilities for the Museum on the land specified under subsection (a). (2) Terms.--The license under this subsection shall include terms that establish the following: (A) Upon completion of construction of facilities under the license, the Association shall donate such facilities, including any associated improvements, fixtures, and related personal property, as a gift to Coast Guard. (B) The United States shall have no responsibility for project management. (C) The Association shall be responsible for preparation of the design and plans for facilities constructed under the license, except that the design and plans shall be subject to the approval of the Commandant (3) Funding.--(A) The Commandant shall not allow construction of facilities for the Museum to begin, and may not provide any Federal funds for that construction, unless the Commandant determines that sufficient amounts, not less than $10,000,000, are available from non-Federal sources to complete construction of the Museum in accordance with the design and plans approved under paragraph (2)(C). (B) For the purposes of constructing the Museum, and subject to the availability of appropriations, the Commandant may transfer to the Association up to $10,000,000. (C) The Commandant shall require that amounts transferred under subparagraph (B) that are not expended on the construction of the Museum shall be returned to the Coast Guard and deposited into the Fund. (4) Liability.--The United States shall not be liable for any act or omission relating to construction under the license. (c) Commandant's Authorities.--Notwithstanding any other provision of law, in connection with the establishment, operation, and maintenance of the Museum, the Commandant may-- (1) rent or lease space within the Museum for gift shops, food concessions, meeting or special event spaces, and similar purposes or activities, under such terms and conditions, and for such periods of time, as the Commandant considers appropriate; (2) accept, hold, administer, and, without further Act of appropriation, spend any gift, devise, or bequest of real or personal property (including funds) that is made on the condition that it be used for the benefit of, or in connection with the establishment, operation, or maintenance of, the Museum; (3) pay necessary expenses in connection with the conveyance or transfer of any such gift, devise or bequest; and (4) perform other acts as the Commandant deems reasonable and appropriate. (d) Treatment of Gifts.--For the purposes of Federal income, estate, and gift taxes, property that is accepted under subsection (c)(2) shall be considered as a gift, devise, or bequest to or for the use of the United States. SEC. 5. NATIONAL COAST GUARD MUSEUM FUND. (a) Establishment.--There is established in the Treasury a separate account that shall be known as the ``National Coast Guard Museum Fund''. (b) Contents.--The Fund shall consist of the following: (1) Gifts, devises, and bequests of funds accepted under section 4(c)(2). (2) Amounts received by the United States from the rental or leasing of space within the Museum under section 4(a). (3) Interest credited under subsection (d). (4) Amounts deposited under section 4(b)(3)(C). (c) Use.--The Commandant may make disbursements from the Fund for the establishment, operation, or maintenance of the Museum, without further Act of appropriation and without fiscal year limitation. (d) Investment.-- (1) In general.--Upon request of the Commandant, the Secretary of the Treasury may invest amounts in the Fund in securities of, or in securities whose principal and interest are guaranteed by, the United States Government. (2) Interest.--The interest and profits accruing from investments under this subsection shall be deposited to the credit of the Fund.	National Coast Guard Museum Act of 2001 - Authorizes the Commandant of the Coast Guard to establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. Establishes in the Treasury the National Coast Guard Museum Fund.	To provide for the establishment of the National Coast Guard Museum on Federal lands administered by the Coast Guard.	6,174	309	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Coast Guard Museum Act of 2001". <SECTION-HEADER> FINDINGS. The Congress finds the following: There is no national museum to commemorate and honor the Coast Guard's history, mission, personnel, and traditions or those of its predecessor services and agencies. There should be established a National Coast Guard Museum to commemorate the 210 years of national maritime and military history of the Coast Guard and its predecessor services and agencies. <SECTION-HEADER> DEFINITIONS. In this Act: Association. The term "Association" means the National Coast Guard Museum Association , or a similar organization. Museum. The term "Museum" means the National Coast Guard Museum established under sections 4(a). Commandant. The term "Commandant" means the Commandant of the Coast Guard. Fund. The term "Fund" means the National Coast Guard Museum Fund established under section 5(a). <SECTION-HEADER> NATIONAL COAST GUARD MUSEUM. Establishment. The Commandant may, in accordance with this section, establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. Construction. License. The Commandant may grant a license to the Association authorizing the Association to construct facilities for the Museum on the land specified under subsection (a). Terms. The license under this subsection shall include terms that establish the following: Upon completion of construction of facilities under the license, the Association shall donate such facilities, including any associated improvements, fixtures, and related personal property, as a gift to Coast Guard. The United States shall have no responsibility for project management. The Association shall be responsible for preparation of the design and plans for facilities constructed under the license, except that the design and plans shall be subject to the approval of the Commandant Funding. (A) The Commandant shall not allow construction of facilities for the Museum to begin, and may not provide any Federal funds for that construction, unless the Commandant determines that sufficient amounts, not less than $10,000,000, are available from non-Federal sources to complete construction of the Museum in accordance with the design and plans approved under paragraph (2)(C). For the purposes of constructing the Museum, and subject to the availability of appropriations, the Commandant may transfer to the Association up to $10,000,000. The Commandant shall require that amounts transferred under subparagraph (B) that are not expended on the construction of the Museum shall be returned to the Coast Guard and deposited into the Fund. Liability. The United States shall not be liable for any act or omission relating to construction under the license. Commandant's Authorities. Notwithstanding any other provision of law, in connection with the establishment, operation, and maintenance of the Museum, the Commandant may rent or lease space within the Museum for gift shops, food concessions, meeting or special event spaces, and similar purposes or activities, under such terms and conditions, and for such periods of time, as the Commandant considers appropriate. Accept, hold, administer, and, without further Act of appropriation, spend any gift, devise, or bequest of real or personal property that is made on the condition that it be used for the benefit of, or in connection with the establishment, operation, or maintenance of, the Museum. Pay necessary expenses in connection with the conveyance or transfer of any such gift, devise or bequest. And perform other acts as the Commandant deems reasonable and appropriate. Treatment of Gifts. For the purposes of Federal income, estate, and gift taxes, property that is accepted under subsection (2) shall be considered as a gift, devise, or bequest to or for the use of the United States. <SECTION-HEADER> NATIONAL COAST GUARD MUSEUM FUND. Establishment. There is established in the Treasury a separate account that shall be known as the "National Coast Guard Museum Fund". Contents. The Fund shall consist of the following: Gifts, devises, and bequests of funds accepted under section 4(c)(2). Amounts received by the United States from the rental or leasing of space within the Museum under section 4(a). Interest credited under subsection (d). Amounts deposited under section 4(b)(3)(C). Use. The Commandant may make disbursements from the Fund for the establishment, operation, or maintenance of the Museum, without further Act of appropriation and without fiscal year limitation. Investment. In general. Upon request of the Commandant, the Secretary of the Treasury may invest amounts in the Fund in securities of, or in securities whose principal and interest are guaranteed by, the United States Government. Interest. The interest and profits accruing from investments under this subsection shall be deposited to the credit of the Fund.	National Coast Guard Museum Act of 2001 - Authorizes the Commandant of the Coast Guard to establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. Establishes in the Treasury the National Coast Guard Museum Fund.	To provide for the establishment of the National Coast Guard Museum on Federal lands administered by the Coast Guard.
108_hr898	SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking ``and'' at the end of each clause. (2) By striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. ``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs and budget to provide the services to which members of the tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs and budget with the first budget request submitted to Congress after the fiscal year in which the tribal roll is verified. ``(c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the tribe's constitution adopted on November 11, 2000, which verification shall be completed not less than 1 year after the date of the enactment of this section. ``Sec. 4. Fee lands which the tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary of the Interior as `on-reservation' trust acquisitions under part 151 of title 25 Code of Federal Regulations (or a successor regulation) if such lands are located within Robeson County, North Carolina. ``Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on, lands located within the state of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. ``(c) The provisions of this subsection shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``Sec. 6. There are authorized to be appropriated such sums as are necessary to carry out this Act.''.	Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina.	To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.	5,471	91	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Lumbee Recognition Act". <SECTION-HEADER> PREAMBLE. The preamble to the Act of June 7, 1956 , is amended as follows: By striking "and" at the end of each clause. By striking ": Now, therefore," at the end of the last clause and inserting a semicolon. By adding at the end the following new clauses: "Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers. "Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe. "Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe. And "Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,". <SECTION-HEADER> FEDERAL RECOGNITION. The Act of June 7, 1956 , is amended as follows: By striking the last sentence of the first section. By striking section 2 and inserting the following new sections: "<SECTION-HEADER> (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. "<SECTION-HEADER> (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs and budget to provide the services to which members of the tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs and budget with the first budget request submitted to Congress after the fiscal year in which the tribal roll is verified. For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the tribe's constitution adopted on November 11, 2000, which verification shall be completed not less than 1 year after the date of the enactment of this section. "<SECTION-HEADER> Fee lands which the tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary of the Interior as `on-reservation' trust acquisitions under part 151 of title 25 Code of Federal Regulations if such lands are located within Robeson County, North Carolina. "<SECTION-HEADER> (a) The State of North Carolina shall exercise jurisdiction over all criminal offenses that are committed on. And all civil actions that arise on, lands located within the state of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. The provisions of this subsection shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 . "<SECTION-HEADER> There are authorized to be appropriated such sums as are necessary to carry out this Act.".	Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina.	To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.
109_s608	SECTION 1. OFFICE OF PENSION PARTICIPANT ADVOCACY. (a) In General.--Title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1201 et seq.) is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``SEC. 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY. ``(a) Establishment.-- ``(1) In general.--There is established in the Department of Labor an office to be known as the `Office of Pension Participant Advocacy'. ``(2) Pension participant advocate.--The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the `Pension Participant Advocate' who shall-- ``(A) have demonstrated experience in the area of pension participant assistance, and ``(B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. ``(b) Functions of Office.--It shall be the function of the Office of Pension Participant Advocacy to-- ``(1) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women's, and other appropriate organizations in assisting and protecting pension plan participants, including-- ``(A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, ``(B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and ``(C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, ``(2) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including-- ``(A) enlisting the cooperation of the public and private sectors in disseminating information, and ``(B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, ``(3) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, ``(4) give priority to the special needs of low and moderate income participants, and ``(5) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. ``(c) Reports.-- ``(1) Annual report.--Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall-- ``(A) identify significant problems the Advocate has identified, ``(B) include specific legislative and regulatory changes to address the problems, and ``(C) identify any actions taken to correct problems identified in any previous report. The Pension Participant Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. ``(2) Specific reports.--The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. ``(3) Reports to be submitted directly.--The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by any person other than the Secretary or any other Federal officer or employee. ``(d) Specific Powers.-- ``(1) Receipt of information.--Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate's responsibilities under this section. ``(2) Appearances.--The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. ``(3) Contracting authority.--In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law-- ``(A) contract with any person to acquire statistical information with respect to pension plan participants, and ``(B) conduct direct surveys of pension plan participants.''. (b) Conforming Amendment.--The table of contents for title III of such Act is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``3051. Office of Pension Participant Advocacy''. (c) Effective Date.--The amendment made by this section shall take effect on January 1, 2006.	Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an Office of Pension Participant Advocacy, with a Pension Participant Advocate, in the Department of Labor.	A bill to create an independent office in the Department of Labor to advocate on behalf of pension participants, and for other purposes.	6,858	187	<SECTION-HEADER> OFFICE OF PENSION PARTICIPANT ADVOCACY. In General. Title III of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: "Subtitle D Office of Pension Participant Advocacy "Section 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY. Establishment. In general. There is established in the Department of Labor an office to be known as the `Office of Pension Participant Advocacy'. Pension participant advocate. The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the `Pension Participant Advocate' who shall have demonstrated experience in the area of pension participant assistance, and be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. Functions of Office. It shall be the function of the Office of Pension Participant Advocacy to evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women's, and other appropriate organizations in assisting and protecting pension plan participants, including serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including enlisting the cooperation of the public and private sectors in disseminating information, and forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, give priority to the special needs of low and moderate income participants, and develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. Reports. Annual report. Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall identify significant problems the Advocate has identified, include specific legislative and regulatory changes to address the problems, and identify any actions taken to correct problems identified in any previous report. The Pension Participant Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. Specific reports. The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. Reports to be submitted directly. The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by any person other than the Secretary or any other Federal officer or employee. Specific Powers. Receipt of information. Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information as may be necessary to enable the Pension Participant Advocate to carry out the Advocate's responsibilities under this section. Appearances. The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. Contracting authority. In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law contract with any person to acquire statistical information with respect to pension plan participants, and conduct direct surveys of pension plan participants.". Conforming Amendment. The table of contents for title III of such Act is amended by adding at the end the following: "Subtitle D Office of Pension Participant Advocacy "3051. Office of Pension Participant Advocacy". Effective Date. The amendment made by this section shall take effect on January 1, 2006.	Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an Office of Pension Participant Advocacy, with a Pension Participant Advocate, in the Department of Labor.	A bill to create an independent office in the Department of Labor to advocate on behalf of pension participants, and for other purposes.
110_s1831	SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Student Loan Disclosure Enhancement Act of 2007''. SEC. 2. APPLICATION OF TRUTH IN LENDING ACT . Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is amended by inserting before the period at the end the following ``, and other than private education loans, as that term is defined in section 128(e), regardless of the amount financed''. SEC. 3. ENHANCED DISCLOSURES FOR PRIVATE STUDENT LOANS. (a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following: ``(e) Terms and Disclosure With Respect to Private Student Loans.-- ``(1) Disclosures required in private student loan applications and solicitations.--In any application for a private student loan, or a solicitation for a private student loan without requiring an application, the lender shall disclose to the borrower, clearly and conspicuously-- ``(A) the potential range of annual percentage rates of interest applicable to the private student loan; ``(B) whether the rate of interest applicable to the private student loan is fixed or variable; ``(C) limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof; ``(D) requirements for a parent or co-borrower, including any changes in the applicable interest rates without a parent or co-borrower; ``(E) all potential finance charges, late fees, penalties, and adjustments to principal, based on transgressions of the borrower; ``(F) fees or range of fees (along with basis for variations in fees) applicable to the private student loan; ``(G) the term of loan; ``(H) whether interest will accrue while the student to whom the private student loan relates is enrolled at an institution of higher education; ``(I) payment deferral options, including whether the deferment would apply to interest or principal, or both; ``(J) if only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest; ``(K) whether deferrals may be extended for additional periods of enrollment at an institution of higher education; ``(L) the duration of any payment grace period; ``(M) eligibility criteria for the private student loan; ``(N) 3 examples of the total cost of the private student loan over the life of the loan-- ``(i) 2 of which shall be calculated using the same principal amount, one of those using the maximum possible rate of interest (or 36 percent, if no maximum amount is specified in the terms of the loan); and ``(ii) calculated both with and without capitalization of interest if that is an option for postponing interest payments; ``(O) in any case in which the applicable rate of interest is variable, a disclosure that interest rates are variable and that any projected cost at less than the maximum rate of interest is likely to go up significantly; ``(P) a statement that an institution of higher education may have school-specific student loan benefits and terms not detailed on the disclosure form; and ``(Q) such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. ``(2) Disclosures at the time of private student loan approval.--Contemporaneously with the approval of a private student loan application, and before the loan transaction is consummated, the lender shall disclose to the borrower, clearly and conspicuously-- ``(A) the applicable rate of interest; ``(B) whether the rate of interest applicable to the private student loan is fixed or variable; ``(C) limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof; ``(D) the principal amount for repayment; ``(E) the applicable annual percentage rate (or `APR') with respect to the private student loan; ``(F) applicable finance charges, late fees, penalties, and adjustments to principal, based upon borrower transgressions; ``(G) fees upon disbursement of the private student loan; ``(H) the term of the private student loan; ``(I) the monthly payment, calculated using the rate of interest in effect on the date of approval, initially required after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, and the maximum monthly payment to which such amount could increase if rates are variable, which amounts shall be calculated-- ``(i) using the principal amount that will be in effect at that post-enrollment time (incorporating accrual of interest during the educational years, if applicable), rather than at the time of consummation of the loan; and ``(ii) in the case of a variable rate private student loan that has no cap on the rate of interest, assuming a maximum interest rate of 36 percent; ``(J) an estimate of the total amount for repayment, at both the interest rate in effect on the date of approval, and at the maximum possible rate of interest if the rate is variable (assuming a maximum rate of 36 percent if no maximum rate is specified by the terms of the loan); ``(K) any principal and interest payments required while the student to whom the private student loan relates is enrolled at an institution of higher education and interest which will accrue during such enrollment; ``(L) payment deferral options, including whether the deferment would apply to interest or principal, or both; ``(M) if only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest; ``(N) whether deferrals may be extended for additional periods of enrollment at an institution of higher education; ``(O) the duration of any payment grace period; ``(P) any penalty for early repayment of the private student loan; ``(Q) whether monthly payments are graduated; ``(R) that the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan, to accept the terms of the private education loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period; and ``(S) such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. ``(3) Format of disclosures.--Disclosures required under paragraphs (1) and (2) shall appear in a clearly legible (not less than 12-point font), uniform format, subject to section 122(c). ``(4) Effective period of approved rate of interest and loan terms.--With respect to a private student loan, the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan to accept the terms of the loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period, subject to the rules of the Board. ``(5) Definitions.--For purposes of this subsection-- ``(A) the term `institution of higher education' has the same meaning as in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); ``(B) the term `lender' means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof; and ``(C) the term `private education loan' means a private loan provided by a lender that-- ``(i) is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(ii) is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.''. (b) Regulations To Carry Out Private Education Loan Disclosures.-- (1) In general.--The Board of Governors of the Federal Reserve System (in this section referred to as the ``Board'') shall issue regulations in final form to carry out section 128(e) of the Truth in Lending Act, as added by this section, not later than 6 months after the date of enactment of this Act. (2) Development and testing of disclosure statement.--The Board shall, in issuing regulations under paragraph (1), develop and test for readability a disclosure statement for student borrowers that is consistent with the requirements of section 122(c) of the Truth in Lending Act (15 U.S.C. 1638(c)). (c) Conforming Amendment.--Section 122(c) of the Truth in Lending Act (15 U.S.C. 1632(c)) is amended by inserting ``and in section 128(e)'' before ``shall be''. SEC. 4. ENFORCEMENT OF REQUIREMENTS FOR PRIVATE EDUCATION LOANS. Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended-- (1) in subsection (a), in the fourth sentence of the undesignated matter at the end, by inserting ``or section 128(e),'' before ``or for failing''; and (2) in subsection (e), in the first sentence, by inserting before the period the following: ``, except that, in the case of a private education loan (as defined in section 127(e)), such an action may be brought not later than one year after the date on which the first monthly payment on the loan is due after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, unless full repayment begins earlier with no deferral of interest or principal''. SEC. 5. DISCLOSURES OF FEDERAL LOAN AVAILABILITY. (a) Disclosure Required.--The Board shall issue regulations in final form not later than 6 months after the date of enactment of this Act to require each lender to disclose in accordance with subsection (b), contemporaneously with the disclosures required under paragraphs (1) and (2) of section 128(e) of the Truth in Lending Act (as added by this Act), that the student borrower may be eligible for a Federal education loan. (b) Development and Testing of Disclosure Statement.--The Board shall, in issuing regulations under subsection (a), develop and test for readability a disclosure statement for student borrowers that-- (1) encourages students to maximize their use of Federal education loans; (2) discloses that Federal educational loans are less costly than private education loans; and (3) discloses the average rate of interest for Federal educational loans. (c) Format.--The disclosures developed under this section shall be made in clear language and in a conspicuous location separate from the disclosures made under section 128(e) of the Truth in Lending Act, as added by this Act, using at least size 12 point font. (d) Definitions.--As used in this section-- (1) the term ``Board'' means the Board of Governors of the Federal Reserve System ; (2) the term ``Federal education loan'' means a loan that is -- (A) made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (B) is issued for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender; (3) the term ``institution of higher education'' has the same meaning as in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); (4) the term ``lender'' means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof, as those terms are defined in section 103 of the Truth in Lending Act; and (5) the term ``private education loan'' means a private loan provided by a lender that-- (A) is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (B) is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.	Private Student Loan Disclosure Enhancement Act of 2007 - Amends the Truth in Lending Act to subject private education loans to its consumer credit disclosure requirements. Sets forth the private student loan terms and conditions which lenders must clearly and conspicuously disclose to borrowers in any application or solicitation for such a loan and contemporaneously with the approval of a private student loan application. Gives private student loan borrowers 30 days after the loan is approved and the required loan disclosure information is received to accept and consummate the loan transaction. Subjects lenders to civil liability for violating such requirements. Requires civil actions to be brought within one year after the first monthly payment on the loan becomes due after the borrower leaves school, unless full repayment begins earlier. Requires private student loan providers, when making the required loan disclosures, to inform borrowers of their possible eligibility for federal educational loans. Requires the Board of Governors of the Federal Reserve System to develop and test a student borrower disclosure statement that encourages students to use federal educational loans and discloses their average interest rate and the fact that they are less costly than private education loans.	A bill to amend the Truth in Lending Act, to improve disclosures for private student loans, and for other purposes.	16,035	1,308	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Private Student Loan Disclosure Enhancement Act of 2007". <SECTION-HEADER> APPLICATION OF TRUTH IN LENDING ACT . Section 104(3) of the Truth in Lending Act (15 USC. 1603(3)) is amended by inserting before the period at the end the following ", and other than private education loans, as that term is defined in section 128(e), regardless of the amount financed". <SECTION-HEADER> ENHANCED DISCLOSURES FOR PRIVATE STUDENT LOANS. In General. Section 128 of the Truth in Lending Act is amended by adding at the end the following: Terms and Disclosure With Respect to Private Student Loans. Disclosures required in private student loan applications and solicitations. In any application for a private student loan, or a solicitation for a private student loan without requiring an application, the lender shall disclose to the borrower, clearly and conspicuously the potential range of annual percentage rates of interest applicable to the private student loan. Whether the rate of interest applicable to the private student loan is fixed or variable. Limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof. Requirements for a parent or co-borrower, including any changes in the applicable interest rates without a parent or co-borrower. All potential finance charges, late fees, penalties, and adjustments to principal, based on transgressions of the borrower. Fees or range of fees applicable to the private student loan, the term of loan. Whether interest will accrue while the student to whom the private student loan relates is enrolled at an institution of higher education. Payment deferral options, including whether the deferment would apply to interest or principal, or both. If only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest. Whether deferrals may be extended for additional periods of enrollment at an institution of higher education, the duration of any payment grace period, eligibility criteria for the private student loan. 3 examples of the total cost of the private student loan over the life of the loan 2 of which shall be calculated using the same principal amount, one of those using the maximum possible rate of interest. And calculated both with and without capitalization of interest if that is an option for postponing interest payments. In any case in which the applicable rate of interest is variable, a disclosure that interest rates are variable and that any projected cost at less than the maximum rate of interest is likely to go up significantly. A statement that an institution of higher education may have school-specific student loan benefits and terms not detailed on the disclosure form. And such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. Disclosures at the time of private student loan approval. Contemporaneously with the approval of a private student loan application, and before the loan transaction is consummated, the lender shall disclose to the borrower, clearly and conspicuously the applicable rate of interest. Whether the rate of interest applicable to the private student loan is fixed or variable. Limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof, the principal amount for repayment. The applicable annual percentage rate with respect to the private student loan. Applicable finance charges, late fees, penalties, and adjustments to principal, based upon borrower transgressions, fees upon disbursement of the private student loan, the term of the private student loan. The monthly payment, calculated using the rate of interest in effect on the date of approval, initially required after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, and the maximum monthly payment to which such amount could increase if rates are variable, which amounts shall be calculated using the principal amount that will be in effect at that post-enrollment time , rather than at the time of consummation of the loan. And in the case of a variable rate private student loan that has no cap on the rate of interest, assuming a maximum interest rate of 36 percent. An estimate of the total amount for repayment, at both the interest rate in effect on the date of approval, and at the maximum possible rate of interest if the rate is variable. Any principal and interest payments required while the student to whom the private student loan relates is enrolled at an institution of higher education and interest which will accrue during such enrollment. Payment deferral options, including whether the deferment would apply to interest or principal, or both. If only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest. Whether deferrals may be extended for additional periods of enrollment at an institution of higher education, the duration of any payment grace period, any penalty for early repayment of the private student loan, whether monthly payments are graduated. That the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan, to accept the terms of the private education loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period. And such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. Format of disclosures. Disclosures required under paragraphs (1) and (2) shall appear in a clearly legible , uniform format, subject to section 122(c). Effective period of approved rate of interest and loan terms. With respect to a private student loan, the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan to accept the terms of the loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period, subject to the rules of the Board. Definitions. For purposes of this subsection the term `institution of higher education' has the same meaning as in section 102 of the Higher Education Act of 1965. The term `lender' means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof. And the term `private education loan' means a private loan provided by a lender that is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965. And is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.". Regulations To Carry Out Private Education Loan Disclosures. In general. The Board of Governors of the Federal Reserve System shall issue regulations in final form to carry out section 128(e) of the Truth in Lending Act, as added by this section, not later than 6 months after the date of enactment of this Act. Development and testing of disclosure statement. The Board shall, in issuing regulations under paragraph (1), develop and test for readability a disclosure statement for student borrowers that is consistent with the requirements of section 122(c) of the Truth in Lending Act (15 USC. 1638(c)). Conforming Amendment. Section 122(c) of the Truth in Lending Act (15 USC. 1632(c)) is amended by inserting "and in section 128(e)" before "shall be". <SECTION-HEADER> ENFORCEMENT OF REQUIREMENTS FOR PRIVATE EDUCATION LOANS. Section 130 of the Truth in Lending Act is amended in subsection (a), in the fourth sentence of the undesignated matter at the end, by inserting "or section 128(e)," before "or for failing". And in subsection (e), in the first sentence, by inserting before the period the following: ", except that, in the case of a private education loan (as defined in section 127(e)), such an action may be brought not later than one year after the date on which the first monthly payment on the loan is due after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, unless full repayment begins earlier with no deferral of interest or principal". <SECTION-HEADER> DISCLOSURES OF FEDERAL LOAN AVAILABILITY. Disclosure Required. The Board shall issue regulations in final form not later than 6 months after the date of enactment of this Act to require each lender to disclose in accordance with subsection , contemporaneously with the disclosures required under paragraphs and (2) of section 128(e) of the Truth in Lending Act , that the student borrower may be eligible for a Federal education loan. Development and Testing of Disclosure Statement. The Board shall, in issuing regulations under subsection (a), develop and test for readability a disclosure statement for student borrowers that encourages students to maximize their use of Federal education loans. Discloses that Federal educational loans are less costly than private education loans. And discloses the average rate of interest for Federal educational loans. Format. The disclosures developed under this section shall be made in clear language and in a conspicuous location separate from the disclosures made under section 128(e) of the Truth in Lending Act, as added by this Act, using at least size 12 point font. Definitions. As used in this section the term "Board" means the Board of Governors of the Federal Reserve System. The term "Federal education loan" means a loan that is made, insured, or guaranteed under title IV of the Higher Education Act of 1965. And is issued for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender. The term "institution of higher education" has the same meaning as in section 102 of the Higher Education Act of 1965. The term "lender" means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof, as those terms are defined in section 103 of the Truth in Lending Act. And the term "private education loan" means a private loan provided by a lender that is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965. And is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.	Private Student Loan Disclosure Enhancement Act of 2007 - Amends the Truth in Lending Act to subject private education loans to its consumer credit disclosure requirements. Sets forth the private student loan terms and conditions which lenders must clearly and conspicuously disclose to borrowers in any application or solicitation for such a loan and contemporaneously with the approval of a private student loan application. Gives private student loan borrowers 30 days after the loan is approved and the required loan disclosure information is received to accept and consummate the loan transaction. Subjects lenders to civil liability for violating such requirements. Requires civil actions to be brought within one year after the first monthly payment on the loan becomes due after the borrower leaves school, unless full repayment begins earlier. Requires private student loan providers, when making the required loan disclosures, to inform borrowers of their possible eligibility for federal educational loans. Requires the Board of Governors of the Federal Reserve System to develop and test a student borrower disclosure statement that encourages students to use federal educational loans and discloses their average interest rate and the fact that they are less costly than private education loans.	A bill to amend the Truth in Lending Act, to improve disclosures for private student loans, and for other purposes.
106_hr4507	SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit Rail Access Improvement and Needs Act for the 21st Century''. SEC. 2. FINDINGS. The Congress finds that-- (1) modern and efficient fixed guideway transportation is important to the viability and well being of metropolitan areas and to the energy conservation and self-sufficiency goals of the United States; (2) public convenience and necessity require the development of fixed guideway transportation systems in metropolitan areas presently without such service, and the expansion of existing systems in metropolitan areas already receiving such service; (3) use of existing railroad trackage and rights-of-way in and around metropolitan areas provides a unique and valuable opportunity for the development and expansion of fixed guideway transportation facilities with a minimum of disruption to the environment and the surrounding community; and (4) voluntary negotiations between mass transportation authorities and rail carriers regarding shared use of existing railroad trackage and rights-of-way have not been adequate to ensure the development of sound and efficient fixed guideway transportation systems. SEC. 3. RAIL TRANSIT ACCESS. (a) Amendment.--Part E of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 285--RAIL TRANSIT ACCESS ``Sec. ``28501. Definitions. ``28502. Shared use of rail carrier trackage by mass transportation authorities. ``28503. Shared use of rail rights-of-way by mass transportation authorities. ``28504. Applicability of other laws. ``28505. Standards for Board action. ``Sec. 28501. Definitions ``In this chapter-- ``(1) `Board' means the Surface Transportation Board; ``(2) `fixed guideway transportation' means mass transportation (as defined in section 5302(a)(7)) provided on, by, or using a fixed guideway (as defined in section 5302(a)(4)); ``(3) `mass transportation authority' means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, fixed guideway transportation; ``(4) `rail carrier' means a person providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105; ``(5) `segregated fixed guideway facility' means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and ``(6) `trackage' means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier. ``Sec. 28502. Shared use of rail carrier trackage by mass transportation authorities ``(a) Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of fixed guideway transportation, the Board shall, upon application of the mass transportation authority or the rail carrier, and if the Board finds it necessary or useful to carry out this chapter-- ``(1) order that the trackage be made available and the related services be provided to the mass transportation authority; and ``(2) prescribe reasonable terms and compensation for use of the trackage and provision of the related services, based upon the rail carrier's incremental cost of providing such trackage and services. ``(b) Quality of Service.--When prescribing reasonable compensation under subsection (a)(2), the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the trackage and providing the related services. ``(c) Terms of Operation.--When prescribing reasonable terms under subsection (a)(2), the Board may prescribe the number of trains that may be operated by or for the mass transportation authority, the speeds at which such trains may be operated, and the trackage maintenance levels to be provided by the rail carrier. ``(d) Additional Trains.--When a rail carrier and a mass transportation authority cannot agree to terms for the operation of additional trains by or for a mass transportation authority over a rail line of the carrier, the mass transportation authority or the rail carrier may apply to the Board for an order establishing such terms. If the Board finds it reasonable to carry out this chapter, the Board shall order the rail carrier to allow operation of the requested additional trains on such terms as the Board finds reasonable under the circumstances. ``(e) Trackage Maintenance.--If a mass transportation authority believes that maintenance on trackage operated by or for the mass transportation authority has fallen below a safe or necessary level, the mass transportation authority may, after notice to the rail carrier and a sufficient period for maintenance improvements, apply to the Board for an order requiring the rail carrier to provide increased or improved maintenance on the trackage. If the Board finds it reasonable to carry out this part, the Board shall order the rail carrier to provide such increased or improved maintenance as the Board finds reasonable under the circumstances. The remedy available under this subsection shall be in addition to any contract rights that a mass transportation authority may possess with respect to trackage maintenance. ``(f) Accelerated Speeds.--If a rail carrier refuses to allow accelerated speeds for trains operated by or for a mass transportation authority, the mass transportation authority may apply to the Board for an order requiring the rail carrier to allow the accelerated speeds and related improvements. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. The Board shall establish the maximum allowable speeds for trains operated by or for a mass transportation authority on terms the Board decides are reasonable. ``(g) Preference Over Freight Transportation.--Except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under subsection (a) has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this chapter. A rail carrier affected by this subsection may apply to the Board for relief. If the Board decides that preference for fixed guideway transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the rail carrier and the mass transportation authority on reasonable terms. ``(h) Final Determination.--The Board shall make a determination under this section not later than 120 days after a mass transportation authority or a rail carrier submits an application to the Board. ``Sec. 28503. Shared use of rail rights-of-way by mass transportation authorities ``(a) General Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the mass transportation authority may apply to the Board for an order requiring the rail carrier to convey an interest to the authority. The Board, not later than 120 days after receiving the application, shall order the interest conveyed if-- ``(1) conveyance will not impair significantly the efficient handling of rail freight traffic; ``(2) the mass transportation authority assumes all reasonable costs associated with any necessary relocation of a rail carrier's trackage within the right-of-way; and ``(3) the fixed guideway transportation purpose of the proposed segregated fixed guideway facility cannot be met adequately by acquiring an interest in other property. ``(b) Compensation and Terms.--A conveyance ordered by the Board under this section shall be subject to the payment of just compensation and to such other reasonable terms as the Board may prescribe. ``Sec. 28504. Applicability of other laws ``(a) Board Review or Approval.--Operations or conveyances undertaken pursuant to an order issued under section 28502 or 28503 are not subject to Board review or approval under subtitle IV of this title. ``(b) Contractual Obligations for Claims.--Nothing in this chapter shall be construed to limit a rail transportation provider's right under section 28103(b) to enter into contracts that allocate financial responsibility for claims. ``Sec. 28505. Standards for Board action ``In proceedings under sections 28502 and 28503 the Board shall utilize, to the extent relevant and feasible, the principles, standards, and precedents utilized in proceedings under sections 24308 and 24311(c) involving the National Railroad Passenger Corporation.''. (b) Conforming Amendments.-- (1) Limitations on rail passenger transportation liability.--Section 28103(a) of title 49, United States Code, is amended by inserting ``or other fixed guideway transportation'' after ``commuter''. (2) Table of chapters.--The table of chapters of subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 283 the following new item: ``285. RAIL TRANSIT ACCESS......................... 28501''.	Authorizes the mass transportation authority or the rail carrier to apply to the Board for an order establishing reasonable terms for the operation of additional trains by or for the authority over a rail line of the carrier, when the carrier and the authority cannot agree to terms. Authorizes a mass transportation authority, after notice to the rail carrier and a sufficient period for maintenance improvements, to apply to the Board for an order requiring the carrier to provide increased or improved maintenance on the trackage if the authority believes that maintenance on trackage operated by or for the authority has fallen below a safe or necessary level. Authorizes a mass transportation authority to apply to the Board for an order requiring the rail carrier to allow accelerated speeds and related improvements if the rail carrier refuses to allow them. Declares that, except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under this Act has preference over freight transportation in using a rail line, junction, or crossing, unless the Board orders otherwise. Declares that if, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the authority may apply to the Board for an order requiring the carrier to convey an interest to the authority.	Transit Rail Access Improvement and Needs Act for the 21st Century	10,431	1,501	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Transit Rail Access Improvement and Needs Act for the 21st Century". <SECTION-HEADER> FINDINGS. The Congress finds that modern and efficient fixed guideway transportation is important to the viability and well being of metropolitan areas and to the energy conservation and self-sufficiency goals of the United States. Public convenience and necessity require the development of fixed guideway transportation systems in metropolitan areas presently without such service, and the expansion of existing systems in metropolitan areas already receiving such service. Use of existing railroad trackage and rights-of-way in and around metropolitan areas provides a unique and valuable opportunity for the development and expansion of fixed guideway transportation facilities with a minimum of disruption to the environment and the surrounding community. And voluntary negotiations between mass transportation authorities and rail carriers regarding shared use of existing railroad trackage and rights-of-way have not been adequate to ensure the development of sound and efficient fixed guideway transportation systems. <SECTION-HEADER> RAIL TRANSIT ACCESS. Amendment. Part E of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: "CHAPTER 285 RAIL TRANSIT ACCESS "Section "28501. Definitions. "28502. Shared use of rail carrier trackage by mass transportation authorities. "28503. Shared use of rail rights-of-way by mass transportation authorities. "28504. Applicability of other laws. "28505. Standards for Board action. "Section 28501. Definitions "In this chapter `Board' means the Surface Transportation Board. `fixed guideway transportation' means mass transportation (as defined in section 5302(a)(7)) provided on, by, or using a fixed guideway (as defined in section 5302(a)(4)). `mass transportation authority' means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, fixed guideway transportation. `rail carrier' means a person providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105. `segregated fixed guideway facility' means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes. And `trackage' means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier. "Section 28502. Shared use of rail carrier trackage by mass transportation authorities Authority. If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of fixed guideway transportation, the Board shall, upon application of the mass transportation authority or the rail carrier, and if the Board finds it necessary or useful to carry out this chapter order that the trackage be made available and the related services be provided to the mass transportation authority. And prescribe reasonable terms and compensation for use of the trackage and provision of the related services, based upon the rail carrier's incremental cost of providing such trackage and services. Quality of Service. When prescribing reasonable compensation under subsection (a)(2), the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the trackage and providing the related services. Terms of Operation. When prescribing reasonable terms under subsection (a)(2), the Board may prescribe the number of trains that may be operated by or for the mass transportation authority, the speeds at which such trains may be operated, and the trackage maintenance levels to be provided by the rail carrier. Additional Trains. When a rail carrier and a mass transportation authority cannot agree to terms for the operation of additional trains by or for a mass transportation authority over a rail line of the carrier, the mass transportation authority or the rail carrier may apply to the Board for an order establishing such terms. If the Board finds it reasonable to carry out this chapter, the Board shall order the rail carrier to allow operation of the requested additional trains on such terms as the Board finds reasonable under the circumstances. Trackage Maintenance. If a mass transportation authority believes that maintenance on trackage operated by or for the mass transportation authority has fallen below a safe or necessary level, the mass transportation authority may, after notice to the rail carrier and a sufficient period for maintenance improvements, apply to the Board for an order requiring the rail carrier to provide increased or improved maintenance on the trackage. If the Board finds it reasonable to carry out this part, the Board shall order the rail carrier to provide such increased or improved maintenance as the Board finds reasonable under the circumstances. The remedy available under this subsection shall be in addition to any contract rights that a mass transportation authority may possess with respect to trackage maintenance. Accelerated Speeds. If a rail carrier refuses to allow accelerated speeds for trains operated by or for a mass transportation authority, the mass transportation authority may apply to the Board for an order requiring the rail carrier to allow the accelerated speeds and related improvements. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. The Board shall establish the maximum allowable speeds for trains operated by or for a mass transportation authority on terms the Board decides are reasonable. Preference Over Freight Transportation. Except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under subsection has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this chapter. A rail carrier affected by this subsection may apply to the Board for relief. If the Board decides that preference for fixed guideway transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the rail carrier and the mass transportation authority on reasonable terms. Final Determination. The Board shall make a determination under this section not later than 120 days after a mass transportation authority or a rail carrier submits an application to the Board. "Section 28503. Shared use of rail rights-of-way by mass transportation authorities General Authority. If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the mass transportation authority may apply to the Board for an order requiring the rail carrier to convey an interest to the authority. The Board, not later than 120 days after receiving the application, shall order the interest conveyed if conveyance will not impair significantly the efficient handling of rail freight traffic. The mass transportation authority assumes all reasonable costs associated with any necessary relocation of a rail carrier's trackage within the right-of-way. And the fixed guideway transportation purpose of the proposed segregated fixed guideway facility cannot be met adequately by acquiring an interest in other property. Compensation and Terms. A conveyance ordered by the Board under this section shall be subject to the payment of just compensation and to such other reasonable terms as the Board may prescribe. "Section 28504. Applicability of other laws Board Review or Approval. Operations or conveyances undertaken pursuant to an order issued under section 28502 or 28503 are not subject to Board review or approval under subtitle IV of this title. Contractual Obligations for Claims. Nothing in this chapter shall be construed to limit a rail transportation provider's right under section 28103(b) to enter into contracts that allocate financial responsibility for claims. "Section 28505. Standards for Board action "In proceedings under sections 28502 and 28503 the Board shall utilize, to the extent relevant and feasible, the principles, standards, and precedents utilized in proceedings under sections 24308 and 24311(c) involving the National Railroad Passenger Corporation.". Conforming Amendments. Limitations on rail passenger transportation liability. Section 28103(a) of title 49, United States Code, is amended by inserting "or other fixed guideway transportation" after "commuter". Table of chapters. The table of chapters of subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 283 the following new item: "285. RAIL TRANSIT ACCESS............. 28501".	Authorizes the mass transportation authority or the rail carrier to apply to the Board for an order establishing reasonable terms for the operation of additional trains by or for the authority over a rail line of the carrier, when the carrier and the authority cannot agree to terms. Authorizes a mass transportation authority, after notice to the rail carrier and a sufficient period for maintenance improvements, to apply to the Board for an order requiring the carrier to provide increased or improved maintenance on the trackage if the authority believes that maintenance on trackage operated by or for the authority has fallen below a safe or necessary level. Authorizes a mass transportation authority to apply to the Board for an order requiring the rail carrier to allow accelerated speeds and related improvements if the rail carrier refuses to allow them. Declares that, except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under this Act has preference over freight transportation in using a rail line, junction, or crossing, unless the Board orders otherwise. Declares that if, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the authority may apply to the Board for an order requiring the carrier to convey an interest to the authority.	Transit Rail Access Improvement and Needs Act for the 21st Century
104_hr3158	SECTION 1. SHORT TITLE. This Act may be cited as the ``Pilot Small Business Technology Transfer Program Extension Act of 1996''. SEC. 2. PROGRAM EXTENSION. Section 9(n) of the Small Business Act (15 U.S.C. 638(n)) is amended-- (1) in paragraph (1)-- (A) by striking ``in fiscal year 1994, 1995, or 1996,''; (B) by striking ``and'' at the end of subparagraph (B); (C) by striking the comma at the end of subparagraph (C) and inserting ``; and''; and (D) by inserting after subparagraph (C) the following new subparagraph: ``(D) not less than 0.25 percent of such budget in fiscal year 1997 and each succeeding fiscal year,''; and (2) by adding at the end the following new paragraph: ``(4) Program expiration.--Authorization to carry out the STTR program pursuant to this subsection (and subsections (o) and (p) of this section) shall expire on September 30, 2000.''. SEC. 3. ASSESSMENT BY THE COMPTROLLER GENERAL. (a) Assessment Required.--The Comptroller General of the United States shall conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) program and the pilot Small Business Technology Transfer (STTR) program. The assessment shall address the following issues with respect to each program: (1) The extent of competition and the quality of proposals submitted for the award of SBIR and STTR agreements, and the quality of subsequent performance by the recipients of such awards. (2) Whether any adverse effects on the research or research and development programs of any sponsoring agency are attributable to the agency's participation in the SBIR program or the pilot STTR program. (3) Whether any awards by a sponsoring agency in each fiscal year represent the applicable percentages of such agency's extramural budget, identifying any systemic management weaknesses contributing to such limitation on implementation. (4) Any management techniques initiated by sponsoring agencies that attempt to minimize delays between the successful completion of a Phase I agreement and the award (and commencement of performance) under a Phase II agreement or ameliorate the adverse effects of such delays. (5) The implementation of Phase III by participating agencies, including awards in support of Phase III and other techniques adopted by the agencies to foster commercialization. (6) The extent to which small business participants in each program, especially recipients of STTR awards, utilize the results of research undertaken for Federal agencies by universities, federally funded research and development centers, and other research institutions, and the extent to which the results were subsequently developed by such small firms to meet the needs of Federal, State, and local government or advanced to use in the commercial marketplace. (7) Whether the required and structured collaboration between a small business and a research institution under the pilot STTR program is necessary in light of the experiences with voluntary collaborations under the SBIR program. (8) Any duplication between the SBIR program and the pilot STTR program. (9) The extent to which each agency participating in the SBIR program has complied with the policy directives to enhance outreach efforts to increase the participation of socially and economically disadvantaged small business concerns and women- owned small business concerns issued under section (9)(j)(2)(F) of the Small Business Act (15 U.S.C. 638(j)(2)(F)) and the extent to which each agency participating in the STTR program has made outreach efforts to increase the participation of such concerns in the agency's STTR program. (10) Any other relevant information as determined by the Comptroller General. (b) Period of Assessment.--The assessment required by subsection (a) shall focus on the implementation of each program during the period beginning October 1, 1995, and ending September 30, 1999. (c) Report.-- (1) Submission of report.--The Comptroller General shall submit a report of the assessment required by subsection (a) to the Committees on Small Business of the Senate and House of Representatives not later than February 1, 2000. (2) Appendices to report.--The report shall include-- (A) an appendix summarizing the findings of previous reports issued by the Comptroller General with respect to the SBIR program and the pilot STTR program; and (B) an appendix listing reports of other assessments of the SBIR program or the pilot STTR program issued by the Small Business Administration, any of the sponsoring agencies, and any other entities determined by the Comptroller General to be useful resources to the Congress in evaluating each program for reauthorization. SEC. 4. INTERAGENCY TASK FORCE ON COMMERCIALIZATION. (a) In General.--The Administrator of the Small Business Administration shall convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small business concerns through the SBIR program and the pilot STTR program. (b) Duties.--The interagency task force shall-- (1) review existing studies and analyses and conduct independent assessments, as may be appropriate, regarding the obstacles faced by small business entrepreneurs seeking to commercialize results of basic research or research and development undertaken through Federal funding; (2) devise recommendations to overcome (or minimize the effects of) such obstacles; and (3) address other matters that the Administrator determines are appropriate to ensure a comprehensive analysis and the development of practical recommendations. (c) Participation.-- (1) Task force membership.--The interagency task shall include participation by representatives of-- (A) the Office of the Chief Counsel for Advocacy of the Small Business Administration; (B) the 5 Executive agencies having the greatest dollar value of awards under the SBIR program in fiscal year 1995; (C) the Executive agencies participating in the pilot STTR program in fiscal year 1995; (D) the Office of Science and Technology Policy, Executive Office of the President; and (E) any other Executive agencies invited by the Administrator. (2) Public participation.--In undertaking its assessments and fashioning its recommendations, the interagency task force shall provide opportunities for consultation with representatives of-- (A) small businesses and other entities that have participated in the SBIR program or the pilot STTR program; (B) organizations representing small business concerns; (C) organizations representing venture capital sources, especially those focusing on the needs of small high-technology entrepreneurs; and (D) any other public or private entities that the Administrator determines are appropriate. (d) Schedule.-- (1) Notice and initial call for public participation.--Not earlier than May 1, 1997, the Administrator shall publish in the Federal Register (and through other means likely to result in broad dissemination) a notice, which at a minimum, announces the existence of the interagency task force, identifies the members of task force, summarizes purposes and objectives of the task force, requests suggestions and recommendations from the public regarding the work of the task force, providing at least 180 days to make a submission in response to such notice, and announces any schedule of meetings of the task force or other public meetings. (2) Ongoing public participation.--In conducting its assessments and fashioning its recommendations the task force shall make every reasonable effort to solicit ideas from the public. (e) Report.--Not later than March 1, 1999, the Administrator shall submit to the Committees on Small Business of the Senate and House of Representatives a report of the work of the interagency task force, including such recommendations for legislative or administrative action. SEC. 5. TECHNICAL CORRECTION. Section 9(e)(4)(A) of the Small Business Act (15 U.S.C. 638(e)(4)(A)) is amended by striking ``(B)(ii)'' and inserting ``(B)''.	Pilot Small Business Technology Transfer Program Extension Act of 1996 - Amends the Small Business Act to: (1) extend through FY 2000 the Small Business Technology Transfer (SBTT) Program under which specified portions of each Federal agency's research and development (RD) budget are reserved for small business cooperative RD. And (2) increase for FY 1997 and thereafter the portion reserved for small businesses under such program. Directs the Comptroller General to conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) Program and the pilot SBTT Program. Outlines issues to be addressed in such assessment, requiring a focus on programs implemented during the period beginning October 1, 1995, and ending September 30, 1999. Requires a report from the Comptroller General to the small business committees. Requires the Administrator of the Small Business Administration to convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small businesses through the SBIR and SBTT programs. Outlines task force duties and membership requirements. Requires: (1) public participation in task force activities. And (2) a notice and initial call for such participation by the Administrator. Directs the Administrator to report to the small business committees on the work of the task force, including recommendations for legislative or administrative action.	Pilot Small Business Technology Transfer Program Extension Act of 1996	9,677	1,467	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Pilot Small Business Technology Transfer Program Extension Act of 1996". <SECTION-HEADER> PROGRAM EXTENSION. Section 9(n) of the Small Business Act (15 USC. 638(n)) is amended in paragraph (1) by striking "in fiscal year 1994, 1995, or 1996,", by striking "and" at the end of subparagraph. By striking the comma at the end of subparagraph (C) and inserting ", and". And by inserting after subparagraph (C) the following new subparagraph: not less than 0.25 percent of such budget in fiscal year 1997 and each succeeding fiscal year,". And by adding at the end the following new paragraph: Program expiration. Authorization to carry out the STTR program pursuant to this subsection (and subsections (o) and shall expire on September 30, 2000.". <SECTION-HEADER> ASSESSMENT BY THE COMPTROLLER GENERAL. Assessment Required. The Comptroller General of the United States shall conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) program and the pilot Small Business Technology Transfer (STTR) program. The assessment shall address the following issues with respect to each program: The extent of competition and the quality of proposals submitted for the award of SBIR and STTR agreements, and the quality of subsequent performance by the recipients of such awards. Whether any adverse effects on the research or research and development programs of any sponsoring agency are attributable to the agency's participation in the SBIR program or the pilot STTR program. Whether any awards by a sponsoring agency in each fiscal year represent the applicable percentages of such agency's extramural budget, identifying any systemic management weaknesses contributing to such limitation on implementation. Any management techniques initiated by sponsoring agencies that attempt to minimize delays between the successful completion of a Phase I agreement and the award under a Phase II agreement or ameliorate the adverse effects of such delays. The implementation of Phase III by participating agencies, including awards in support of Phase III and other techniques adopted by the agencies to foster commercialization. The extent to which small business participants in each program, especially recipients of STTR awards, utilize the results of research undertaken for Federal agencies by universities, federally funded research and development centers, and other research institutions, and the extent to which the results were subsequently developed by such small firms to meet the needs of Federal, State, and local government or advanced to use in the commercial marketplace. Whether the required and structured collaboration between a small business and a research institution under the pilot STTR program is necessary in light of the experiences with voluntary collaborations under the SBIR program. Any duplication between the SBIR program and the pilot STTR program. The extent to which each agency participating in the SBIR program has complied with the policy directives to enhance outreach efforts to increase the participation of socially and economically disadvantaged small business concerns and women- owned small business concerns issued under section (9)(j)(2)(F) of the Small Business Act (15 USC. 638(j)(2)(F)) and the extent to which each agency participating in the STTR program has made outreach efforts to increase the participation of such concerns in the agency's STTR program. Any other relevant information as determined by the Comptroller General. Period of Assessment. The assessment required by subsection shall focus on the implementation of each program during the period beginning October 1, 1995, and ending September 30, 1999. Report. Submission of report. The Comptroller General shall submit a report of the assessment required by subsection (a) to the Committees on Small Business of the Senate and House of Representatives not later than February 1, 2000. Appendices to report. The report shall include an appendix summarizing the findings of previous reports issued by the Comptroller General with respect to the SBIR program and the pilot STTR program. And an appendix listing reports of other assessments of the SBIR program or the pilot STTR program issued by the Small Business Administration, any of the sponsoring agencies, and any other entities determined by the Comptroller General to be useful resources to the Congress in evaluating each program for reauthorization. <SECTION-HEADER> INTERAGENCY TASK FORCE ON COMMERCIALIZATION. In General. The Administrator of the Small Business Administration shall convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small business concerns through the SBIR program and the pilot STTR program. Duties. The interagency task force shall review existing studies and analyses and conduct independent assessments, as may be appropriate, regarding the obstacles faced by small business entrepreneurs seeking to commercialize results of basic research or research and development undertaken through Federal funding, devise recommendations to overcome such obstacles. And address other matters that the Administrator determines are appropriate to ensure a comprehensive analysis and the development of practical recommendations. Participation. Task force membership. The interagency task shall include participation by representatives of the Office of the Chief Counsel for Advocacy of the Small Business Administration. The 5 Executive agencies having the greatest dollar value of awards under the SBIR program in fiscal year 1995. The Executive agencies participating in the pilot STTR program in fiscal year 1995. The Office of Science and Technology Policy, Executive Office of the President. And any other Executive agencies invited by the Administrator. Public participation. In undertaking its assessments and fashioning its recommendations, the interagency task force shall provide opportunities for consultation with representatives of small businesses and other entities that have participated in the SBIR program or the pilot STTR program, organizations representing small business concerns. Organizations representing venture capital sources, especially those focusing on the needs of small high-technology entrepreneurs. And any other public or private entities that the Administrator determines are appropriate. Schedule. Notice and initial call for public participation. Not earlier than May 1, 1997, the Administrator shall publish in the Federal Register a notice, which at a minimum, announces the existence of the interagency task force, identifies the members of task force, summarizes purposes and objectives of the task force, requests suggestions and recommendations from the public regarding the work of the task force, providing at least 180 days to make a submission in response to such notice, and announces any schedule of meetings of the task force or other public meetings. Ongoing public participation. In conducting its assessments and fashioning its recommendations the task force shall make every reasonable effort to solicit ideas from the public. Report. Not later than March 1, 1999, the Administrator shall submit to the Committees on Small Business of the Senate and House of Representatives a report of the work of the interagency task force, including such recommendations for legislative or administrative action. <SECTION-HEADER> TECHNICAL CORRECTION. Section 9(e)(4)(A) of the Small Business Act (15 USC. 638(e)(4)(A)) is amended by striking "(B)(ii)" and inserting "(B)".	Pilot Small Business Technology Transfer Program Extension Act of 1996 - Amends the Small Business Act to: (1) extend through FY 2000 the Small Business Technology Transfer (SBTT) Program under which specified portions of each Federal agency's research and development (RD) budget are reserved for small business cooperative RD. And (2) increase for FY 1997 and thereafter the portion reserved for small businesses under such program. Directs the Comptroller General to conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) Program and the pilot SBTT Program. Outlines issues to be addressed in such assessment, requiring a focus on programs implemented during the period beginning October 1, 1995, and ending September 30, 1999. Requires a report from the Comptroller General to the small business committees. Requires the Administrator of the Small Business Administration to convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small businesses through the SBIR and SBTT programs. Outlines task force duties and membership requirements. Requires: (1) public participation in task force activities. And (2) a notice and initial call for such participation by the Administrator. Directs the Administrator to report to the small business committees on the work of the task force, including recommendations for legislative or administrative action.	Pilot Small Business Technology Transfer Program Extension Act of 1996
110_hr920	SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiple Peril Insurance Act of 2007''. SEC. 2. FLOOD AND WINDSTORM MULTIPERIL COVERAGE. Section 1304 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) Multiperil Coverage for Damage From Flood or Windstorm.-- ``(1) In general.--The national flood insurance program established pursuant to subsection (a) shall enable the purchase of optional insurance against loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from any flood or windstorm, subject to the limitations in this subsection and section 1306(b). ``(2) Community participation requirement.--Multiperil coverage pursuant to this subsection may not be provided in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate land use and control measures (with effective enforcement provisions) which the Director finds are consistent with the comprehensive criteria for land management and use relating to windstorms establish pursuant to section 1361(d)(2). ``(3) Prohibition against duplicative coverage.--Multiperil coverage pursuant to this subsection may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by flood insurance coverage made available under this title. ``(4) Nature of coverage.--Multiperil coverage pursuant to this subsection shall-- ``(A) cover losses only from physical damage resulting from flooding or windstorm; and ``(B) provide for approval and payment of claims under such coverage upon proof that such loss must have resulted from either windstorm or flooding, but shall not require for approval and payment of a claim that the specific cause of the loss, whether windstorm or flooding, be distinguished or identified. ``(5) Actuarial rates.--Multiperil coverage pursuant to this subsection shall be made available for purchase for a property only at chargeable risk premium rates that, based on consideration of the risks involved and accepted actuarial principles, and including operating costs and allowance and administrative expenses, are required in order to make such coverage available on an actuarial basis for the type and class of properties covered. ``(6) Terms of coverage.--The Director shall, after consultation with persons and entities referred to in section 1306(a), provide by regulation for the general terms and conditions of insurability which shall be applicable to properties eligible for multiperil coverage under this subsection, subject to the provisions of this subsection, including-- ``(A) the types, classes, and locations of any such properties which shall be eligible for such coverage, which shall include residential and nonresidential properties; ``(B) subject to paragraph (7), the nature and limits of loss or damage in any areas (or subdivisions thereof) which may be covered by such coverage; ``(C) the classification, limitation, and rejection of any risks which may be advisable; ``(D) appropriate minimum premiums; ``(E) appropriate loss deductibles; and ``(F) any other terms and conditions relating to insurance coverage or exclusion that may be necessary to carry out this subsection. ``(7) Limitations on amount of coverage.--The regulations issued pursuant to paragraph (6) shall provide that the aggregate liability under multiperil coverage made available under this subsection shall not exceed the lesser of the replacement cost for covered losses or the following amounts, as applicable: ``(A) Residential structures.--In the case of residential properties-- ``(i) for any single-family dwelling, $500,000; and ``(ii) for any structure containing more than one dwelling unit, $500,000 for each separate dwelling unit in the structure; and ``(iii) $150,000 per dwelling unit for-- ``(I) any contents related to such unit; and ``(II) any necessary increases in living expenses incurred by the insured when losses from flooding or windstorm make the residence unfit to live in. ``(B) Nonresidential properties.--In the case of nonresidential properties (including church properties)-- ``(i) $1,000,000 for any single structure; and ``(ii) $750,000 for-- ``(I) any contents related to such structure; ``(II) in the case of any nonresidential property that is a business property, any losses resulting from any partial or total interruption of the insured's business caused by damage to, or loss of, such property from flooding or windstorm, except that for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood or windstorm not occurred.''. SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE. The National Flood Insurance Act of 1968 is amended by inserting after section 1313 (42 U.S.C. 4020) the following new section; ``prohibition against duplicative coverage ``Sec. 1314. Flood insurance under this title may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by multiperil insurance coverage made available pursuant to section 1304(c).''. SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW. Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 4023) is amended-- (1) by inserting ``(a) Flood Protection Measures.--'' before ``No new''; and (2) by adding at the end the following new subsection: ``(b) Windstorm Protection Measures.--No new multiperil coverage shall be provided under section 1304(c) for any property that the Director finds has been declared by a duly constituted State or local zoning authority, or other authorized public body to be in violation of State or local laws, regulations, or ordinances, which are intended to reduce damage caused by windstorms.''. SEC. 5. CRITERIA FOR LAND MANAGEMENT AND USE. Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection: ``(d) Windstorms.-- ``(1) Studies and investigations.--The Director shall carry out studies and investigations under this section to determine appropriate measures in windstorm-prone areas as to land management and use, windstorm zoning, and windstorm damage prevention, and may enter into contracts, agreements, and other appropriate arrangements to carry out such activities. Such studies and investigations shall include laws, regulations, and ordinance relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas. ``(2) Criteria.--On the basis of the studies and investigations pursuant to paragraph (1) and such other information as may be appropriate, the Direct shall establish comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will assist in reducing damage caused by windstorms. ``(3) Coordination with state and local governments.--The Director shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of criteria established under paragraph (2) and the adoption and enforcement of measures referred to in such paragraph .''. SEC. 6. DEFINITIONS. Section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121) is amended-- (1) in paragraph (14), by striking ``and'' at the end; (2) in paragraph (15) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(16) the term `windstorm' means any hurricane, tornado, cyclone, typhoon, or other wind event.''.	Multiple Peril Insurance Act of 2007 - Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of optional insurance against loss resulting from physical damage to or loss of real or related personal property located in the United States arising from any flood or windstorm . Restricts multiperil coverage to areas where an appropriate public body has adopted adequate land use and control measures, including effective enforcement provisions, which the Administrator of the Federal Emergency Management Agency (FEMA) finds are consistent with certain statutory criteria for land management and use relating to windstorms. Prohibits provision of multiperil coverage to any structure covered, at any time, by flood insurance under the Act. Prescribes the nature and terms of coverage, and actuarial rates. Prohibits new multiperil coverage for property declared by a duly constituted governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage.	To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes.	10,338	1,075	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Multiple Peril Insurance Act of 2007". <SECTION-HEADER> FLOOD AND WINDSTORM MULTIPERIL COVERAGE. Section 1304 of the National Flood Insurance Act of 1968 is amended by redesignating subsection (c) as subsection (d). And by inserting after subsection (b) the following new subsection: Multiperil Coverage for Damage From Flood or Windstorm. In general. The national flood insurance program established pursuant to subsection (a) shall enable the purchase of optional insurance against loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from any flood or windstorm, subject to the limitations in this subsection and section 1306(b). Community participation requirement. Multiperil coverage pursuant to this subsection may not be provided in any area unless an appropriate public body shall have adopted adequate land use and control measures which the Director finds are consistent with the comprehensive criteria for land management and use relating to windstorms establish pursuant to section 1361(d)(2). Prohibition against duplicative coverage. Multiperil coverage pursuant to this subsection may not be provided with respect to any structure for any period during which such structure is covered, at any time, by flood insurance coverage made available under this title. Nature of coverage. Multiperil coverage pursuant to this subsection shall cover losses only from physical damage resulting from flooding or windstorm. And provide for approval and payment of claims under such coverage upon proof that such loss must have resulted from either windstorm or flooding, but shall not require for approval and payment of a claim that the specific cause of the loss, whether windstorm or flooding, be distinguished or identified. Actuarial rates. Multiperil coverage pursuant to this subsection shall be made available for purchase for a property only at chargeable risk premium rates that, based on consideration of the risks involved and accepted actuarial principles, and including operating costs and allowance and administrative expenses, are required in order to make such coverage available on an actuarial basis for the type and class of properties covered. Terms of coverage. The Director shall, after consultation with persons and entities referred to in section 1306(a), provide by regulation for the general terms and conditions of insurability which shall be applicable to properties eligible for multiperil coverage under this subsection, subject to the provisions of this subsection, including the types, classes, and locations of any such properties which shall be eligible for such coverage, which shall include residential and nonresidential properties. Subject to paragraph (7), the nature and limits of loss or damage in any areas which may be covered by such coverage. The classification, limitation, and rejection of any risks which may be advisable, appropriate minimum premiums, appropriate loss deductibles. And any other terms and conditions relating to insurance coverage or exclusion that may be necessary to carry out this subsection. Limitations on amount of coverage. The regulations issued pursuant to paragraph (6) shall provide that the aggregate liability under multiperil coverage made available under this subsection shall not exceed the lesser of the replacement cost for covered losses or the following amounts, as applicable: Residential structures. In the case of residential properties for any single-family dwelling, $500,000. And for any structure containing more than one dwelling unit, $500,000 for each separate dwelling unit in the structure. And $150,000 per dwelling unit for any contents related to such unit. And any necessary increases in living expenses incurred by the insured when losses from flooding or windstorm make the residence unfit to live in. Nonresidential properties. In the case of nonresidential properties $1,000,000 for any single structure, and $750,000 for any contents related to such structure. In the case of any nonresidential property that is a business property, any losses resulting from any partial or total interruption of the insured's business caused by damage to, or loss of, such property from flooding or windstorm, except that for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood or windstorm not occurred.". <SECTION-HEADER> PROHIBITION AGAINST DUPLICATIVE COVERAGE. The National Flood Insurance Act of 1968 is amended by inserting after section 1313 the following new section. "prohibition against duplicative coverage "Section 1314. Flood insurance under this title may not be provided with respect to any structure for any period during which such structure is covered, at any time, by multiperil insurance coverage made available pursuant to section 1304(c).". <SECTION-HEADER> COMPLIANCE WITH STATE AND LOCAL LAW. Section 1316 of the National Flood Insurance Act of 1968 is amended by inserting "(a) Flood Protection Measures. " before "No new". And by adding at the end the following new subsection: Windstorm Protection Measures. No new multiperil coverage shall be provided under section 1304(c) for any property that the Director finds has been declared by a duly constituted State or local zoning authority, or other authorized public body to be in violation of State or local laws, regulations, or ordinances, which are intended to reduce damage caused by windstorms.". <SECTION-HEADER> CRITERIA FOR LAND MANAGEMENT AND USE. Section 1361 of the National Flood Insurance Act of 1968 is amended by adding at the end the following new subsection: Windstorms. Studies and investigations. The Director shall carry out studies and investigations under this section to determine appropriate measures in windstorm-prone areas as to land management and use, windstorm zoning, and windstorm damage prevention, and may enter into contracts, agreements, and other appropriate arrangements to carry out such activities. Such studies and investigations shall include laws, regulations, and ordinance relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas. Criteria. On the basis of the studies and investigations pursuant to paragraph (1) and such other information as may be appropriate, the Direct shall establish comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will assist in reducing damage caused by windstorms. Coordination with state and local governments. The Director shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of criteria established under paragraph (2) and the adoption and enforcement of measures referred to in such paragraph .". <SECTION-HEADER> DEFINITIONS. Section 1370 of the National Flood Insurance Act of 1968 is amended in paragraph (14), by striking "and" at the end. In paragraph (15) by striking the period at the end and inserting ", and". And by adding at the end the following new paragraph: the term `windstorm' means any hurricane, tornado, cyclone, typhoon, or other wind event.".	Multiple Peril Insurance Act of 2007 - Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of optional insurance against loss resulting from physical damage to or loss of real or related personal property located in the United States arising from any flood or windstorm . Restricts multiperil coverage to areas where an appropriate public body has adopted adequate land use and control measures, including effective enforcement provisions, which the Administrator of the Federal Emergency Management Agency (FEMA) finds are consistent with certain statutory criteria for land management and use relating to windstorms. Prohibits provision of multiperil coverage to any structure covered, at any time, by flood insurance under the Act. Prescribes the nature and terms of coverage, and actuarial rates. Prohibits new multiperil coverage for property declared by a duly constituted governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage.	To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes.
110_hr6204	SECTION 1. SHORT TITLE. This Act may be cited as the ``Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron contains more than 100 recorded historic vessel losses. (2) The areas immediately surrounding the Sanctuary, including the offshore waters of Presque Isle and Alcona counties, Michigan, contain an equal number of historic vessel losses. (3) Many of these shipwrecks and underwater cultural resources are popular recreational diving destinations, and all contribute to our collective maritime heritage. (4) These resources are susceptible to damage from human activities, and must be properly preserved for themselves and to protect the economic viability of their contribution to national and regional economies. (b) Purposes.--The purposes of this Act are-- (1) to expand the Thunder Bay National Marine Sanctuary and Underwater Preserve boundaries to encompass the offshore waters of Presque Isle and Alcona counties, Michigan and outward to the international border between the United States and Canada; and (2) to provide the underwater cultural resources of those areas equal protection to that currently afforded to the Sanctuary. SEC. 3. DEFINITIONS. In this Act: (1) Sanctuary.--The term ``Sanctuary'' means the Thunder Bay National Marine Sanctuary and Underwater Preserve. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. (a) Boundary Adjustment.--Notwithstanding any provision of law or regulation, including section 922.190 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Sanctuary shall consist of the geographic area described in subsection (b). (b) Expanded Sanctuary Boundary.--The area referred to in subsection (a) is all submerged lands, including the underwater cultural resources, lake ward of the mean high water line, within the boundaries of a line formed by connecting points in succession beginning at a point along the mean high water line located approximately at 45.628741N, 84.206983W (at Hammond Bay in Presque Isle County) then due east to the international boundary between the United States and Canada approximately located at 45.628741N, 83.163783W then following the international boundary between the United States and Canada in a generally southeasterly direction where it intersects latitude 44.511111N, then due west to a point along the mean high water line located approximately at 44.511111N, 83.318483W (in Alcona County just south of the town of Greenbush) returning to the first point along the mean high water line. (c) Authority To Make Minor Adjustments.--The Secretary may make minor adjustments to the boundary described in subsection (b) to facilitate enforcement and clarify the boundary to public provided the resulting boundary is consistent the purposes described in section 2(b). (d) Inclusion in the System.--The area described in subsection (b), as modified in accordance with subsection (c), shall be managed as part of the National Marine Sanctuary System established by section 301(c) of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that Act. (e) Updated NOAA Charts.--The Secretary shall-- (1) produce updated National Oceanic and Atmospheric Administration charts for the area in which the Sanctuary is located; and (2) include on such charts the boundaries of the Sanctuary described in subsection (b), as modified in accordance with subsection (c). SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. (a) Regulations.--The regulations applicable to the Sanctuary codified in subpart R of part 922 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, shall apply to the geographic area added to the Sanctuary pursuant to section 4, unless the Secretary specifies otherwise by regulation. (b) Existing Certifications.--The Secretary may certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity made pursuant to section 922.194 of title 15, Code of Federal Regulations, that exists on the date of the enactment of this Act shall apply to such an activity conducted within the geographic area added to the Sanctuary pursuant to section 4. (c) Date of Sanctuary Designation.--For purposes of section 922.194 of title 15, Code of Federal Regulations, the date of the enactment of this Act shall be deemed to be the date of Sanctuary designation. (d) Management Plan.--To the extent practicable, the Secretary shall apply the management plan in effect for the Sanctuary of the date of the enactment of this Act to the geographic area added to the Sanctuary pursuant to section 4.	Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron.	To expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve and for other purposes.	5,305	249	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress makes the following findings: Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron contains more than 100 recorded historic vessel losses. The areas immediately surrounding the Sanctuary, including the offshore waters of Presque Isle and Alcona counties, Michigan, contain an equal number of historic vessel losses. Many of these shipwrecks and underwater cultural resources are popular recreational diving destinations, and all contribute to our collective maritime heritage. These resources are susceptible to damage from human activities, and must be properly preserved for themselves and to protect the economic viability of their contribution to national and regional economies. Purposes. The purposes of this Act are to expand the Thunder Bay National Marine Sanctuary and Underwater Preserve boundaries to encompass the offshore waters of Presque Isle and Alcona counties, Michigan and outward to the international border between the United States and Canada. And to provide the underwater cultural resources of those areas equal protection to that currently afforded to the Sanctuary. <SECTION-HEADER> DEFINITIONS. In this Act: Sanctuary. The term "Sanctuary" means the Thunder Bay National Marine Sanctuary and Underwater Preserve. Secretary. The term "Secretary" means the Secretary of Commerce. <SECTION-HEADER> SANCTUARY BOUNDARY ADJUSTMENT. Boundary Adjustment. Notwithstanding any provision of law or regulation, including section 922.190 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Sanctuary shall consist of the geographic area described in subsection . Expanded Sanctuary Boundary. The area referred to in subsection (a) is all submerged lands, including the underwater cultural resources, lake ward of the mean high water line, within the boundaries of a line formed by connecting points in succession beginning at a point along the mean high water line located approximately at 45.628741N, 84.206983W then due east to the international boundary between the United States and Canada approximately located at 45.628741N, 83.163783W then following the international boundary between the United States and Canada in a generally southeasterly direction where it intersects latitude 44.511111N, then due west to a point along the mean high water line located approximately at 44.511111N, 83.318483W returning to the first point along the mean high water line. Authority To Make Minor Adjustments. The Secretary may make minor adjustments to the boundary described in subsection (b) to facilitate enforcement and clarify the boundary to public provided the resulting boundary is consistent the purposes described in section 2(b). Inclusion in the System. The area described in subsection (b), as modified in accordance with subsection (c), shall be managed as part of the National Marine Sanctuary System established by section 301(c) of the National Marine Sanctuaries Act (16 USC. 1431(c)), in accordance with that Act. Updated NOAA Charts. The Secretary shall produce updated National Oceanic and Atmospheric Administration charts for the area in which the Sanctuary is located. And include on such charts the boundaries of the Sanctuary described in subsection (b), as modified in accordance with subsection (c). <SECTION-HEADER> EXTENSION OF REGULATIONS AND MANAGEMENT. Regulations. The regulations applicable to the Sanctuary codified in subpart R of part 922 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, shall apply to the geographic area added to the Sanctuary pursuant to section 4, unless the Secretary specifies otherwise by regulation. Existing Certifications. The Secretary may certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity made pursuant to section 922.194 of title 15, Code of Federal Regulations, that exists on the date of the enactment of this Act shall apply to such an activity conducted within the geographic area added to the Sanctuary pursuant to section 4. Date of Sanctuary Designation. For purposes of section 922.194 of title 15, Code of Federal Regulations, the date of the enactment of this Act shall be deemed to be the date of Sanctuary designation. Management Plan. To the extent practicable, the Secretary shall apply the management plan in effect for the Sanctuary of the date of the enactment of this Act to the geographic area added to the Sanctuary pursuant to section 4.	Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron.	To expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve and for other purposes.
104_s158	That this Act may be referred to as the ``Outer Continental Shelf Deep Water Royalty Relief Act''. SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. Section 8(a) of the Outer Continental Shelf Lands Act, (43 U.S.C. 1337 (a)(3)), is amended by striking paragraph (3) in its entirety and inserting the following: ``(3)(A) The Secretary may, in order to-- ``(i) promote development or increased production on producing or non-producing leases; or ``(ii) encourage production of marginal resources on producing or non-producing leases; through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease(s). With the lessee's consent, the Secretary may make other modifications to the royalty or net profit share terms of the lease in order to achieve these purposes. ``(B)(i) Notwithstanding the provisions of this Act other than this subparagraph, with respect to any lease or unit in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, no royalty payments shall be due on new production, as defined in clause (iv) of this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, until such volume of production as determined pursuant to clause (ii) has been produced by the lessee. (ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increase technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable; except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400-800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretary's determination or redetermination shall be judicially reviewable under section 10(a) of the Administrative Procedures Act (5 U.S.C. 702), only for actions filed within 30 days of the Secretary's determination or redetermination. ``(iii) In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application by the lessee within the time period, together with any extension thereof, provided for by clause (ii), no royalty payments shall be due on new production as follows: ``(I) For new production, as defined in clause (iv)(I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes specified in clause (ii) of this subparagraph. ``(II) For new production, as defined in clause (iv)(II) of this subparagraph, no royalty shall be due on such production for one year following the start of such production. ``(iv) For purposes of this subparagraph, the term `new production' is-- (I) any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; or (II) any production resulting from lease development activities pursuant to a Development Operations Coordination Document, or supplement thereto that would expand production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. ``(v) During the production of volumes determined pursuant to clauses (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for light sweet crude oil exceeds $28 per barrel, any production of oil will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clause (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $28. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vi) During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clauses (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $3.50. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vii) The prices referred to in clauses (v) and (vi) of this subparagraph shall be changed during any calendar year after 1994 by the percentage, if any, by which the implicit price deflator for the gross domestic product changed during the preceding calendar year.''. SEC. 3. NEW LEASES. (a) Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1337 (a)(1)), is amended as follows: (1) Redesignate section 8(a)(1)(H) as section 8(a)(1)(I); (2) Add a new section 8(a)(1)(H) as follows: ``(H) cash bonus bid with royalty at no less than 12\1/2\ per centum fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension of royalties for a period, volume, or value of production determined by the Secretary. Such suspensions may vary based on the price of production from the lease.''. (b) For all tracts located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any lease sale within five years of the date of enactment of this Act, shall use the bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended by this Act, except that the suspension of royalties shall be set at a volume of not less than the following: (1) 17.5 million barrels of oil equivalent for leases in water depths of 200 to 400 meters; (2) 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water; and (3) 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters. SEC. 4. REGULATIONS. The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within 180 days after the enactment of this Act.	Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a five-year period for new leases in specified water depths in the Gulf.	Outer Continental Shelf Deep Water Royalty Relief Act	10,786	682	That this Act may be referred to as the "Outer Continental Shelf Deep Water Royalty Relief Act". <SECTION-HEADER> AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. Section 8(a) of the Outer Continental Shelf Lands Act, (43 USC. 1337 (a)(3)), is amended by striking paragraph (3) in its entirety and inserting the following: (A) The Secretary may, in order to promote development or increased production on producing or non-producing leases. Or encourage production of marginal resources on producing or non-producing leases. Through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease(s). With the lessee's consent, the Secretary may make other modifications to the royalty or net profit share terms of the lease in order to achieve these purposes. (i) Notwithstanding the provisions of this Act other than this subparagraph, with respect to any lease or unit in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, no royalty payments shall be due on new production, as defined in clause (iv) of this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, until such volume of production as determined pursuant to clause (ii) has been produced by the lessee. Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increase technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable. Except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400-800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretary's determination or redetermination shall be judicially reviewable under section 10(a) of the Administrative Procedures Act , only for actions filed within 30 days of the Secretary's determination or redetermination. In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application by the lessee within the time period, together with any extension thereof, provided for by clause (ii), no royalty payments shall be due on new production as follows: For new production, as defined in clause (I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes specified in clause (ii) of this subparagraph. For new production, as defined in clause (II) of this subparagraph, no royalty shall be due on such production for one year following the start of such production. For purposes of this subparagraph, the term `new production' is any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. Or any production resulting from lease development activities pursuant to a Development Operations Coordination Document, or supplement thereto that would expand production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. During the production of volumes determined pursuant to clauses (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for light sweet crude oil exceeds $28 per barrel, any production of oil will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clause (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $28. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clauses (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $3.50. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. The prices referred to in clauses (v) and (vi) of this subparagraph shall be changed during any calendar year after 1994 by the percentage, if any, by which the implicit price deflator for the gross domestic product changed during the preceding calendar year.". <SECTION-HEADER> NEW LEASES. Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended (43 USC. 1337 (a)(1)), is amended as follows: Redesignate section 8(a)(1)(H) as section 8(a)(1)(I). Add a new section 8(a)(1)(H) as follows: cash bonus bid with royalty at no less than 1212 per centum fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension of royalties for a period, volume, or value of production determined by the Secretary. Such suspensions may vary based on the price of production from the lease.". For all tracts located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any lease sale within five years of the date of enactment of this Act, shall use the bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended by this Act, except that the suspension of royalties shall be set at a volume of not less than the following: 17.5 million barrels of oil equivalent for leases in water depths of 200 to 400 meters. 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water. And 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters. <SECTION-HEADER> REGULATIONS. The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within 180 days after the enactment of this Act.	Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a five-year period for new leases in specified water depths in the Gulf.	Outer Continental Shelf Deep Water Royalty Relief Act
106_hr4018	SECTION 1. IMPROVED RISK MANAGEMENT EDUCATION. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the end the following new section: ``SEC. 409. IMPROVED RISK MANAGEMENT EDUCATION FOR AGRICULTURAL PRODUCERS. ``(a) Program Required.--The Secretary of Agriculture shall carry out a program to improve the risk management skills of agricultural producers, including the owners and operators of small farms, limited resource producers, and other targeted audiences, to make informed risk management decisions. The program is designed to assist producers to develop the skills necessary-- ``(1) to understand the financial health and capability of the producer's operation to withstand price fluctuations, adverse weather, environmental impacts, diseases, family crises, and other risks; ``(2) to understand marketing alternatives, how various commodity markets work, the use of crop insurance products, and the price risk inherent in various markets; and ``(3) to understand legal, governmental, environmental, and human resource issues that impact the producer's operation. ``(b) Coordinating Centers.-- ``(1) Establishment and purpose.--The Secretary shall establish a Risk Management Education Coordinating Center in each of five regions of the United States to administer and coordinate the provision of risk management education to producers and their families under the program in that region. ``(2) Site selection.--The Secretary shall locate the Center for a region at an existing risk management education coordinating office of the Cooperative State Research, Education, and Extension Service or at an appropriate alternative land-grant college in the region approved by the Cooperative State Research, Education, and Extension Service. To be selected as the location for a Center, a land-grant college must have the demonstrated capability and capacity to carry out the program priorities, funding distribution, and reporting requirements of the program. ``(c) Coordinating Council.--Each Center shall establish a coordinating council to assist in establishing the funding and program priorities for that region. The council shall consist of a minimum of five members, including representatives from the following sources: ``(1) Public organizations. ``(2) Private organizations. ``(3) Agricultural producers. ``(4) The Regional Service Offices of the Risk Management Agency in that region. ``(d) Center Activities.-- ``(1) Instruction for risk management professionals.--Each Center shall coordinate the offering of intensive risk management instructional programs, involving classroom, distant learning, and field training work, for professionals who work with agricultural producers. These professionals include-- ``(A) extension specialists; ``(B) county extension faculty; ``(C) private service providers; and ``(D) other individuals who are involved in providing risk management education. ``(2) Education programs for producers.--Each Center shall coordinate the provision of educational programs, including workshops, short courses, seminars, and distant-learning modules, to improve the risk management skills of agricultural producers and their families. ``(3) Development and dissemination of materials.--Each Center shall coordinate the efforts to develop new risk management education materials and the dissemination of such materials. ``(4) Coordination of resources.--Each Center shall make use of available and emerging risk management information, materials, and delivery systems, after careful evaluation of the content and suitability of the information, materials, and delivery systems for producers and their families. The Centers shall use available expertise from land-grant colleges, nongovernmental organizations, government agencies, and the private sector to assist in conducting this evaluation. ``(e) Grants.-- ``(1) Special grants.--Each Center shall reserve a portion of the funds provided under this section to make special grants to land-grant colleges and private entities in the region to conduct one or more of the activities described in subsection (d). ``(2) Competitive grants.--Each Center shall also reserve a portion of the funds provided under this section to conduct a competitive grant program to award grants to both public and private entities that have a demonstrated capability to conduct one or more of the activities described in subsection (d). ``(f) National Agriculture Risk Education Library.--The National Agriculture Risk Education Library is a central focus for the coordination and distribution of risk management educational materials. The Library shall serve as a means for the electronic delivery of risk management information and materials. ``(g) Funding Provisions.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated $30,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out this section. ``(2) Distribution.--Funds appropriated to carry out this section for a fiscal year shall be equally distributed among the Centers, except that 2.5 percent of such funds shall be distributed to the National Agriculture Risk Education Library. The land-grant college at which a Center is located shall be responsible for administering and disbursing such funds, in accordance with applicable State and Federal financial guidelines, for activities authorized by this section. ``(3) Prohibition on construction.--Centers shall be located in existing facilities. Funds provided under this section to a Center or as a grant under subsection (e) may not be used to carry out facility construction. ``(h) Evaluation.--The Secretary, acting through the Cooperative State Research, Education, and Extension Service, shall evaluate the activities of the Centers to determine whether the risk management skills of agricultural producers and their families are improved as a result of their participation in educational activities financed using funds appropriated pursuant to the authorization of appropriations in subsection (g). ``(i) Land-Grant College Defined.--In this section, the term `land- grant college' means any 1862 Institution, 1890 Institution, or 1994 Institution.''.	Directs the Secretary to establish a Risk Management Education Coordinating Center in each of five designated regions, to be located at an existing risk management education coordinating office or a land-grant college. Directs each Center to: (1) establish a coordinating council, (2) coordinate instructional programs, information dissemination, and resources. And (3) reserve funds for special and competitive grants to land-grant colleges and private entities to conduct such activities States that the National Agriculture Risk Education Library shall serve as a means for the electronic delivery of risk management information and materials. Authorizes appropriations. Directs the Secretary, through the Cooperative State Research, Education, and Extension Service, to evaluate activities of the Centers.	To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish an educational program to improve the risk management skills of agricultural producers.	7,177	809	<SECTION-HEADER> IMPROVED RISK MANAGEMENT EDUCATION. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by adding at the end the following new section: "Section 409. IMPROVED RISK MANAGEMENT EDUCATION FOR AGRICULTURAL PRODUCERS. Program Required. The Secretary of Agriculture shall carry out a program to improve the risk management skills of agricultural producers, including the owners and operators of small farms, limited resource producers, and other targeted audiences, to make informed risk management decisions. The program is designed to assist producers to develop the skills necessary to understand the financial health and capability of the producer's operation to withstand price fluctuations, adverse weather, environmental impacts, diseases, family crises, and other risks. To understand marketing alternatives, how various commodity markets work, the use of crop insurance products, and the price risk inherent in various markets. And to understand legal, governmental, environmental, and human resource issues that impact the producer's operation. Coordinating Centers. Establishment and purpose. The Secretary shall establish a Risk Management Education Coordinating Center in each of five regions of the United States to administer and coordinate the provision of risk management education to producers and their families under the program in that region. Site selection. The Secretary shall locate the Center for a region at an existing risk management education coordinating office of the Cooperative State Research, Education, and Extension Service or at an appropriate alternative land-grant college in the region approved by the Cooperative State Research, Education, and Extension Service. To be selected as the location for a Center, a land-grant college must have the demonstrated capability and capacity to carry out the program priorities, funding distribution, and reporting requirements of the program. Coordinating Council. Each Center shall establish a coordinating council to assist in establishing the funding and program priorities for that region. The council shall consist of a minimum of five members, including representatives from the following sources: Public organizations. Private organizations. Agricultural producers. The Regional Service Offices of the Risk Management Agency in that region. Center Activities. Instruction for risk management professionals. Each Center shall coordinate the offering of intensive risk management instructional programs, involving classroom, distant learning, and field training work, for professionals who work with agricultural producers. These professionals include extension specialists, county extension faculty, private service providers. And other individuals who are involved in providing risk management education. Education programs for producers. Each Center shall coordinate the provision of educational programs, including workshops, short courses, seminars, and distant-learning modules, to improve the risk management skills of agricultural producers and their families. Development and dissemination of materials. Each Center shall coordinate the efforts to develop new risk management education materials and the dissemination of such materials. Coordination of resources. Each Center shall make use of available and emerging risk management information, materials, and delivery systems, after careful evaluation of the content and suitability of the information, materials, and delivery systems for producers and their families. The Centers shall use available expertise from land-grant colleges, nongovernmental organizations, government agencies, and the private sector to assist in conducting this evaluation. Grants. Special grants. Each Center shall reserve a portion of the funds provided under this section to make special grants to land-grant colleges and private entities in the region to conduct one or more of the activities described in subsection . Competitive grants. Each Center shall also reserve a portion of the funds provided under this section to conduct a competitive grant program to award grants to both public and private entities that have a demonstrated capability to conduct one or more of the activities described in subsection (d). National Agriculture Risk Education Library. The National Agriculture Risk Education Library is a central focus for the coordination and distribution of risk management educational materials. The Library shall serve as a means for the electronic delivery of risk management information and materials. Funding Provisions. Authorization of appropriations. There is authorized to be appropriated $30,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out this section. Distribution. Funds appropriated to carry out this section for a fiscal year shall be equally distributed among the Centers, except that 2.5 percent of such funds shall be distributed to the National Agriculture Risk Education Library. The land-grant college at which a Center is located shall be responsible for administering and disbursing such funds, in accordance with applicable State and Federal financial guidelines, for activities authorized by this section. Prohibition on construction. Centers shall be located in existing facilities. Funds provided under this section to a Center or as a grant under subsection (e) may not be used to carry out facility construction. Evaluation. The Secretary, acting through the Cooperative State Research, Education, and Extension Service, shall evaluate the activities of the Centers to determine whether the risk management skills of agricultural producers and their families are improved as a result of their participation in educational activities financed using funds appropriated pursuant to the authorization of appropriations in subsection (g). Land-Grant College Defined. In this section, the term `land- grant college' means any 1862 Institution, 1890 Institution, or 1994 Institution.".	Directs the Secretary to establish a Risk Management Education Coordinating Center in each of five designated regions, to be located at an existing risk management education coordinating office or a land-grant college. Directs each Center to: (1) establish a coordinating council, (2) coordinate instructional programs, information dissemination, and resources. And (3) reserve funds for special and competitive grants to land-grant colleges and private entities to conduct such activities States that the National Agriculture Risk Education Library shall serve as a means for the electronic delivery of risk management information and materials. Authorizes appropriations. Directs the Secretary, through the Cooperative State Research, Education, and Extension Service, to evaluate activities of the Centers.	To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish an educational program to improve the risk management skills of agricultural producers.
109_hr1949	SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES. (a) Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act-- (1) reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest; and (2) refund any antidumping duties and interest which were previously paid on such entries. (b) Affected Entries.--The entries referred to in subsection (a) are the following: Entry number Date of entry Port 110-3447557-3 03/18/00 Los Angeles 110-3447591-2 03/19/00 Los Angeles 110-3447595-3 03/19/00 Los Angeles 110-1201638-1 03/21/00 Detroit 110-1201639-9 03/21/00 Detroit 110-1201640-7 03/21/00 Detroit 110-3447613-4 03/21/00 Los Angeles 110-1201697-7 03/23/00 Detroit 110-1201695-1 03/23/00 Detroit 110-1201696-9 03/23/00 Detroit 110-1201756-1 03/27/00 Detroit 110-1201757-9 03/27/00 Detroit 110-1201758-7 03/27/00 Detroit 110-1740905-2 03/30/00 Los Angeles 110-1740943-3 03/30/00 Los Angeles 110-1201845-2 03/31/00 Detroit 110-1201813-0 04/03/00 Detroit 110-1201814-8 04/03/00 Detroit 110-1201815-5 04/03/00 Detroit 110-1201875-9 04/04/00 Detroit 110-1201868-4 04/04/00 Detroit 110-1201858-5 04/04/00 Detroit 110-3447959-1 04/11/00 Los Angeles 110-3447958-3 04/11/00 Los Angeles 110-3759536-9 04/12/00 Detroit 110-3759561-7 04/12/00 Detroit 110-3759542-7 04/12/00 Detroit 110-3759540-1 04/12/00 Detroit 110-3447977-3 04/12/00 Los Angeles 110-3759539-3 04/12/00 Detroit 110-3448045-8 04/14/00 Los Angeles 110-3448046-6 04/14/00 Los Angeles 110-3448110-0 04/20/00 Los Angeles 110-3759670-6 04/25/00 Detroit 110-3759673-0 04/25/00 Detroit 110-3759669-8 04/25/00 Detroit 110-3759667-2 04/25/00 Detroit 110-3759671-4 04/25/00 Detroit 110-3759668-0 04/25/00 Detroit 110-3448241-3 04/27/00 Los Angeles 110-3448247-0 04/27/00 Los Angeles 110-3448276-9 04/28/00 Memphis 110-3448274-4 04/28/00 Memphis 110-3448282-7 05/04/00 Memphis 101-4081779-1 05/07/00 Memphis 101-4088945-1 05/23/00 Memphis 101-4089954-3 05/23/00 Memphis 101-4088960-0 05/23/00 Memphis 101-4092192-4 05/25/00 Memphis 101-4089312-3 05/26/00 Detroit 101-4089942-7 05/26/00 Detroit 101-4089893-2 05/26/00 Detroit 101-4092221-1 05/26/00 Memphis 101-4089697-7 05/26/00 Los Angeles 101-4092215-3 05/26/00 Memphis 101-4086053-6 05/26/00 Los Angeles 101-4122700-8 07/27/00 Los Angeles 101-4122707-3 07/27/00 Los Angeles 101-4122712-3 07/27/00 Los Angeles 101-4127147-7 08/03/00 Los Angeles 101-4132485-4 08/09/00 Norfolk 101-4129989-0 08/11/00 Detroit 101-4130345-2 08/17/00 Detroit 101-4129976-7 08/23/00 Detroit 101-4149476-4 09/06/00 Los Angeles 101-4149483-0 09/06/00 Los Angeles 101-4149493-9 09/06/00 Los Angeles 101-4148595-2 09/08/00 Detroit 101-4153301-7 09/18/00 Detroit 101-4154523-5 09/14/00 Los Angeles 101-4153389-2 09/18/00 Detroit 101-4157161-1 09/20/00 Norfolk 101-4153333-0 09/21/00 Detroit 101-4155542-4 09/26/00 Detroit 101-4166291-5 10/07/00 Los Angeles 101-4167325-0 10/09/00 Detroit 101-4167363-1 10/12/00 Detroit 101-4164567-0 10/13/00 Norfolk 101-4168049-5 10/14/00 Los Angeles 101-4172904-5 10/21/00 Los Angeles 101-4175579-2 10/30/00 Los Angeles 101-4183996-8 11/07/00 Detroit 101-4183234-4 11/09/00 Detroit 101-4183251-8 11/09/00 Detroit 101-4183253-4 11/09/00 Detroit 101-4183257-5 11/09/00 Detroit 101-4183264-1 11/09/00 Detroit 101-4183264-1 11/09/00 Detroit 101-4184811-8 11/13/00 Los Angeles 101-4184819-1 11/13/00 Los Angeles 101-4189001-1 11/14/00 Tampa 101-4185526-1 11/16/00 Detroit 101-4185535-2 11/16/00 Detroit 101-4186580-7 11/20/00 Detroit 101-4189830-3 11/20/00 Detroit 101-4189774-3 11/21/00 Detroit 101-4191183-3 11/24/00 Los Angeles 101-4191188-2 11/24/00 Los Angeles 101-4191193-2 11/24/00 Los Angeles 101-4194796-9 11/29/00 Detroit 101-4194801-7 11/29/00 Detroit 101-4196383-4 12/01/00 Los Angeles 101-4196389-1 12/01/00 Los Angeles 101-4199308-8 12/13/00 Detroit	Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of candles without assessment of antidumping duties and interest, and (2) refund any amounts owed.	To provide for the reliquidation of certain entries.	12,429	186	<SECTION-HEADER> RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES. Reliquidation of Entries. Notwithstanding sections 514 and 520 of the Tariff Act of 1930 or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest. And refund any antidumping duties and interest which were previously paid on such entries. Affected Entries. The entries referred to in subsection (a) are the following: Entry number Date of entry Port 110-3447557-3 031800 Los Angeles 110-3447591-2 031900 Los Angeles 110-3447595-3 031900 Los Angeles 110-1201638-1 032100 Detroit 110-1201639-9 032100 Detroit 110-1201640-7 032100 Detroit 110-3447613-4 032100 Los Angeles 110-1201697-7 032300 Detroit 110-1201695-1 032300 Detroit 110-1201696-9 032300 Detroit 110-1201756-1 032700 Detroit 110-1201757-9 032700 Detroit 110-1201758-7 032700 Detroit 110-1740905-2 033000 Los Angeles 110-1740943-3 033000 Los Angeles 110-1201845-2 033100 Detroit 110-1201813-0 040300 Detroit 110-1201814-8 040300 Detroit 110-1201815-5 040300 Detroit 110-1201875-9 040400 Detroit 110-1201868-4 040400 Detroit 110-1201858-5 040400 Detroit 110-3447959-1 041100 Los Angeles 110-3447958-3 041100 Los Angeles 110-3759536-9 041200 Detroit 110-3759561-7 041200 Detroit 110-3759542-7 041200 Detroit 110-3759540-1 041200 Detroit 110-3447977-3 041200 Los Angeles 110-3759539-3 041200 Detroit 110-3448045-8 041400 Los Angeles 110-3448046-6 041400 Los Angeles 110-3448110-0 042000 Los Angeles 110-3759670-6 042500 Detroit 110-3759673-0 042500 Detroit 110-3759669-8 042500 Detroit 110-3759667-2 042500 Detroit 110-3759671-4 042500 Detroit 110-3759668-0 042500 Detroit 110-3448241-3 042700 Los Angeles 110-3448247-0 042700 Los Angeles 110-3448276-9 042800 Memphis 110-3448274-4 042800 Memphis 110-3448282-7 050400 Memphis 101-4081779-1 050700 Memphis 101-4088945-1 052300 Memphis 101-4089954-3 052300 Memphis 101-4088960-0 052300 Memphis 101-4092192-4 052500 Memphis 101-4089312-3 052600 Detroit 101-4089942-7 052600 Detroit 101-4089893-2 052600 Detroit 101-4092221-1 052600 Memphis 101-4089697-7 052600 Los Angeles 101-4092215-3 052600 Memphis 101-4086053-6 052600 Los Angeles 101-4122700-8 072700 Los Angeles 101-4122707-3 072700 Los Angeles 101-4122712-3 072700 Los Angeles 101-4127147-7 080300 Los Angeles 101-4132485-4 080900 Norfolk 101-4129989-0 081100 Detroit 101-4130345-2 081700 Detroit 101-4129976-7 082300 Detroit 101-4149476-4 090600 Los Angeles 101-4149483-0 090600 Los Angeles 101-4149493-9 090600 Los Angeles 101-4148595-2 090800 Detroit 101-4153301-7 091800 Detroit 101-4154523-5 091400 Los Angeles 101-4153389-2 091800 Detroit 101-4157161-1 092000 Norfolk 101-4153333-0 092100 Detroit 101-4155542-4 092600 Detroit 101-4166291-5 100700 Los Angeles 101-4167325-0 100900 Detroit 101-4167363-1 101200 Detroit 101-4164567-0 101300 Norfolk 101-4168049-5 101400 Los Angeles 101-4172904-5 102100 Los Angeles 101-4175579-2 103000 Los Angeles 101-4183996-8 110700 Detroit 101-4183234-4 110900 Detroit 101-4183251-8 110900 Detroit 101-4183253-4 110900 Detroit 101-4183257-5 110900 Detroit 101-4183264-1 110900 Detroit 101-4183264-1 110900 Detroit 101-4184811-8 111300 Los Angeles 101-4184819-1 111300 Los Angeles 101-4189001-1 111400 Tampa 101-4185526-1 111600 Detroit 101-4185535-2 111600 Detroit 101-4186580-7 112000 Detroit 101-4189830-3 112000 Detroit 101-4189774-3 112100 Detroit 101-4191183-3 112400 Los Angeles 101-4191188-2 112400 Los Angeles 101-4191193-2 112400 Los Angeles 101-4194796-9 112900 Detroit 101-4194801-7 112900 Detroit 101-4196383-4 120100 Los Angeles 101-4196389-1 120100 Los Angeles 101-4199308-8 121300 Detroit	Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of candles without assessment of antidumping duties and interest, and (2) refund any amounts owed.	To provide for the reliquidation of certain entries.
113_hr1038	SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Power Risk Management Act of 2013''. SEC. 2. TRANSACTIONS WITH UTILITY SPECIAL ENTITIES. Section 1a(49) of the Commodity Exchange Act (7 U.S.C. 1a(49)) is amended by adding at the end the following: ``(E) Certain transactions with a utility special entity.-- ``(i) Transactions in utility operations- related swaps shall be reported pursuant to section 4r. ``(ii) In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C).''. SEC. 3. UTILITY SPECIAL ENTITY DEFINED. Section 4s(h)(2) of the Commodity Exchange Act (7 U.S.C. 6s(h)(2)) is amended by adding at the end the following: ``(D) Utility special entity.--For purposes of this Act, the term `utility special entity' means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that-- ``(i) owns or operates an electric or natural gas facility or an electric or natural gas operation; ``(ii) supplies natural gas and or electric energy to another utility special entity; ``(iii) has public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers; or ``(iv) is a Federal power marketing agency, as defined in section 3 of the Federal Power Act.''. SEC. 4. UTILITY OPERATIONS-RELATED SWAP. (a) Swap Further Defined.--Section 1a(47)(A)(iii) of the Commodity Exchange Act (7 U.S.C. 1a(47)(A)(iii)) is amended-- (1) by striking ``and'' at the end of subclause (XXI); (2) by adding ``and'' at the end of subclause (XXII); and (3) by adding at the end the following: ``(XXIII) a utility operations- related swap;''. (b) Utility Operations-Related Swap Defined.--Section 1a of such Act (7 U.S.C. 1a) is amended by adding at the end the following: ``(52) Utility operations-related swap.--The term `utility operations-related swap' means a swap that-- ``(A) is entered into to hedge or mitigate a commercial risk; ``(B) is not a contract, agreement, or transaction based on, derived on, or referencing-- ``(i) an interest rate, credit, equity, or currency asset class; or ``(ii) a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation; and ``(C) is associated with-- ``(i) the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers; ``(ii) all fuel supply for the facilities or operations of a utility; ``(iii) compliance with an electric system reliability obligation; ``(iv) compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility; or ``(v) any other electric energy or natural gas swap to which a utility is a party.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act take effect as if enacted on July 21, 2010. Passed the House of Representatives June 12, 2013. Attest: KAREN L. HAAS, Clerk.	Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines quot, utility special entityquot. As a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation. (2) supplies natural gas or electric energy to another utility special entity. (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers. Or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines quot, utility operations-related swapquot. As one that: (1) is entered into to hedge or mitigate commercial risk. (2) is associated with specified transactions in electric energy or natural gas. And (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class. Or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation.	Public Power Risk Management Act of 2013	5,029	1,613	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Public Power Risk Management Act of 2013". <SECTION-HEADER> TRANSACTIONS WITH UTILITY SPECIAL ENTITIES. Section 1a(49) of the Commodity Exchange Act (7 USC. 1a(49)) is amended by adding at the end the following: Certain transactions with a utility special entity. Transactions in utility operations- related swaps shall be reported pursuant to section 4r. In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C).". <SECTION-HEADER> UTILITY SPECIAL ENTITY DEFINED. Section 4s(h)(2) of the Commodity Exchange Act (7 USC. 6s(h)(2)) is amended by adding at the end the following: Utility special entity. For purposes of this Act, the term `utility special entity' means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that owns or operates an electric or natural gas facility or an electric or natural gas operation. Supplies natural gas and or electric energy to another utility special entity. Has public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers. Or is a Federal power marketing agency, as defined in section 3 of the Federal Power Act.". <SECTION-HEADER> UTILITY OPERATIONS-RELATED SWAP. Swap Further Defined. Section 1a(47)(A)(iii) of the Commodity Exchange Act (7 USC. 1a(47)(A)(iii)) is amended by striking "and" at the end of subclause (XXI), by adding "and" at the end of subclause (XXII). And by adding at the end the following: a utility operations- related swap. ". Utility Operations-Related Swap Defined. Section 1a of such Act is amended by adding at the end the following: Utility operations-related swap. The term `utility operations-related swap' means a swap that is entered into to hedge or mitigate a commercial risk. Is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class. Or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation. And is associated with the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers. All fuel supply for the facilities or operations of a utility, compliance with an electric system reliability obligation. Compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility. Or any other electric energy or natural gas swap to which a utility is a party.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act take effect as if enacted on July 21, 2010. Passed the House of Representatives June 12, 2013. Attest: KAREN L. HAAS, Clerk.	Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines quot, utility special entityquot. As a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation. (2) supplies natural gas or electric energy to another utility special entity. (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers. Or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines quot, utility operations-related swapquot. As one that: (1) is entered into to hedge or mitigate commercial risk. (2) is associated with specified transactions in electric energy or natural gas. And (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class. Or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation.	Public Power Risk Management Act of 2013
106_s1096	SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mississippi Valley National Historical Park Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Mississippi Valley National Historical Park, Blytheville, Arkansas. Sec. 4. Transfer of jurisdiction, Eaker Air Force Base, for historical park. Sec. 5. Acquisition of Chickasawba Mound for inclusion in historical park. Sec. 6. Administration of historical park. SEC. 2. FINDINGS. Congress finds the following: (1) The central and lower Mississippi Valley region contained the highest population levels and the most complex Native American societies north of Mexico before the arrival of European peoples in the 16th century. (2) In addition, the Mississippi Valley has also hosted Spanish, French, English, and ultimately American societies at different times in the last 450 years. (3) Blytheville, Arkansas, is centrally located in the Mississippi Valley region. (4) Former Eaker Air Force Base, which is located outside of Blytheville, Arkansas, in the central Mississippi Valley region, is the site of 14 archaeological sites associated with Native Americans. (5) Because of its value in illustrating and interpreting the heritage of the United States, the largest of these archaeological sites, was recognized by the National Park Service as a National Historic Landmark in 1996. (6) Another archaeological site outside of Blytheville, Arkansas, the Chickasawba Mound, was placed on the National Register of Historic Places in 1984 because of its historic and archaeological resources. (7) These previous actions by the Department of the Interior recognize that these archaeological sites are likely to benefit, educate, and inspire present and future generations of Americans, but no unified heritage park for the central Mississippi Valley region exists within the National Park Service. (8) Blytheville, Arkansas, also possesses many other regionally and nationally significant natural, seismic, cultural, and recreational resources associated with the heritage of the central Mississippi Valley region. (9) The sites and resources associated with the heritage of the central Mississippi Valley region require recognition through the establishment of a national historical park for the central Mississippi Valley region as a unit of the National Park System. (10) As a result of the closing of Eaker Air Force Base in Blytheville, Arkansas, pursuant to the Defense Base Closure and Realignment Act of 1990, Federal land and facilities are readily available for the establishment of a national historical park for the central Mississippi Valley region to protect the archaeological sites located on the former military installation, as well as to preserve, maintain, and interpret the natural, seismic, cultural, and recreational heritage of the central Mississippi Valley region for the benefit, education, and inspiration of present and future generations of Americans. SEC. 3. MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK, BLYTHEVILLE, ARKANSAS. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain properties in Blytheville, Arkansas, and its vicinity associated with the archaeological, natural, seismic, cultural, and recreational heritage of the Mississippi Valley region, there is established as a unit of the National Park System the Mississippi Valley National Historical Park in the State of Arkansas. (b) Boundaries.--The historical park shall consist of approximately 570 acres, including the real property transferred to the National Park Service at former Eaker Air Force Base under section 4 and the parcel of real property containing the archaeological site known as the Chickasawba Mound and authorized for acquisition under section 5. The boundaries of the historical park shall also include all property authorized to be acquired for inclusion in the park by any law enacted after the date of the enactment of this Act. SEC. 4. TRANSFER OF JURISDICTION, EAKER AIR FORCE BASE, FOR HISTORICAL PARK. (a) Transfer of Archaeological Sites.--The Secretary of Defense shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior the parcels of real property (including improvements thereon) located at former Eaker Air Force Base, Blytheville, Arkansas, consisting of the archaeological sites depicted on the map entitled ``Arkansas Aeroplex Archaeological Sites''. (b) Visitor and Administrative Sites.-- (1) Transfer required.--To preserve the historical character and landscape of the main features of the historical park, the Secretary of Defense also shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior an additional parcel of real property at former Eaker Air Force Base for the development of visitor, administrative, museum, curatorial, and maintenance facilities for the historical park. (2) Acreage limitation.--The parcel transferred under this subsection may not exceed 15 acres. (3) Selection.--The parcel to be transferred under this subsection shall be jointly selected by the Secretary of Defense and the Secretary of the Interior. (c) Use of Land.--The Secretary of the Interior shall use the real property transferred under this section as part of the historical park. (d) Legal Description.--The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary of Defense. The cost of the survey shall be borne by the Secretary of the Interior. SEC. 5. ACQUISITION OF CHICKASAWBA MOUND FOR INCLUSION IN HISTORICAL PARK. The Secretary of the Interior may acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. SEC. 6. ADMINISTRATION OF HISTORICAL PARK. (a) Applicable Laws.--The Secretary of the Interior shall administer the historical park in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) Authorized.--The Secretary of the Interior may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. (2) Conditions.--Any payment made by the Secretary pursuant to such a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project assisted under the cooperative agreement for purposes contrary to the purposes of the historical park, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such finds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Acquisition of Real Property.--Subject to sections 4 and 5, the Secretary of the Interior may acquire, within the boundaries of the historical park, real property with appropriated or donated funds, by donation, or by exchange for inclusion in the historical park.	Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities. Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. And (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.	Mississippi Valley National Historical Park Act of 1999	8,598	749	<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Mississippi Valley National Historical Park Act of 1999". Table of Contents. The table of contents of this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Findings. <SECTION-HEADER> Mississippi Valley National Historical Park, Blytheville, Arkansas. <SECTION-HEADER> Transfer of jurisdiction, Eaker Air Force Base, for historical park. <SECTION-HEADER> Acquisition of Chickasawba Mound for inclusion in historical park. <SECTION-HEADER> Administration of historical park. <SECTION-HEADER> FINDINGS. Congress finds the following: The central and lower Mississippi Valley region contained the highest population levels and the most complex Native American societies north of Mexico before the arrival of European peoples in the 16th century. In addition, the Mississippi Valley has also hosted Spanish, French, English, and ultimately American societies at different times in the last 450 years. Blytheville, Arkansas, is centrally located in the Mississippi Valley region. Former Eaker Air Force Base, which is located outside of Blytheville, Arkansas, in the central Mississippi Valley region, is the site of 14 archaeological sites associated with Native Americans. Because of its value in illustrating and interpreting the heritage of the United States, the largest of these archaeological sites, was recognized by the National Park Service as a National Historic Landmark in 1996. Another archaeological site outside of Blytheville, Arkansas, the Chickasawba Mound, was placed on the National Register of Historic Places in 1984 because of its historic and archaeological resources. These previous actions by the Department of the Interior recognize that these archaeological sites are likely to benefit, educate, and inspire present and future generations of Americans, but no unified heritage park for the central Mississippi Valley region exists within the National Park Service. Blytheville, Arkansas, also possesses many other regionally and nationally significant natural, seismic, cultural, and recreational resources associated with the heritage of the central Mississippi Valley region. The sites and resources associated with the heritage of the central Mississippi Valley region require recognition through the establishment of a national historical park for the central Mississippi Valley region as a unit of the National Park System. As a result of the closing of Eaker Air Force Base in Blytheville, Arkansas, pursuant to the Defense Base Closure and Realignment Act of 1990, Federal land and facilities are readily available for the establishment of a national historical park for the central Mississippi Valley region to protect the archaeological sites located on the former military installation, as well as to preserve, maintain, and interpret the natural, seismic, cultural, and recreational heritage of the central Mississippi Valley region for the benefit, education, and inspiration of present and future generations of Americans. <SECTION-HEADER> MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK, BLYTHEVILLE, ARKANSAS. Establishment. In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain properties in Blytheville, Arkansas, and its vicinity associated with the archaeological, natural, seismic, cultural, and recreational heritage of the Mississippi Valley region, there is established as a unit of the National Park System the Mississippi Valley National Historical Park in the State of Arkansas. Boundaries. The historical park shall consist of approximately 570 acres, including the real property transferred to the National Park Service at former Eaker Air Force Base under section 4 and the parcel of real property containing the archaeological site known as the Chickasawba Mound and authorized for acquisition under section 5. The boundaries of the historical park shall also include all property authorized to be acquired for inclusion in the park by any law enacted after the date of the enactment of this Act. <SECTION-HEADER> TRANSFER OF JURISDICTION, EAKER AIR FORCE BASE, FOR HISTORICAL PARK. Transfer of Archaeological Sites. The Secretary of Defense shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior the parcels of real property located at former Eaker Air Force Base, Blytheville, Arkansas, consisting of the archaeological sites depicted on the map entitled "Arkansas Aeroplex Archaeological Sites". Visitor and Administrative Sites. Transfer required. To preserve the historical character and landscape of the main features of the historical park, the Secretary of Defense also shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior an additional parcel of real property at former Eaker Air Force Base for the development of visitor, administrative, museum, curatorial, and maintenance facilities for the historical park. Acreage limitation. The parcel transferred under this subsection may not exceed 15 acres. Selection. The parcel to be transferred under this subsection shall be jointly selected by the Secretary of Defense and the Secretary of the Interior. Use of Land. The Secretary of the Interior shall use the real property transferred under this section as part of the historical park. Legal Description. The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary of Defense. The cost of the survey shall be borne by the Secretary of the Interior. <SECTION-HEADER> ACQUISITION OF CHICKASAWBA MOUND FOR INCLUSION IN HISTORICAL PARK. The Secretary of the Interior may acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. <SECTION-HEADER> ADMINISTRATION OF HISTORICAL PARK. Applicable Laws. The Secretary of the Interior shall administer the historical park in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 , and the Act of August 21, 1935 . Cooperative Agreements. Authorized. The Secretary of the Interior may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. Conditions. Any payment made by the Secretary pursuant to such a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project assisted under the cooperative agreement for purposes contrary to the purposes of the historical park, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such finds as determined at the time of such conversion, use, or disposal, whichever is greater. Acquisition of Real Property. Subject to sections 4 and 5, the Secretary of the Interior may acquire, within the boundaries of the historical park, real property with appropriated or donated funds, by donation, or by exchange for inclusion in the historical park.	Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities. Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. And (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.	Mississippi Valley National Historical Park Act of 1999
104_s444	SECTION 1. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION. (a) In General.--Section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the following: ``(4) Cook Inlet Regional Corporation.--(A) In this paragraph: ``(i) The term `Cook Inlet Regional Corporation' means Cook Inlet Region, Incorporated. ``(ii) The term `nonresident distribution right' means the right of owners of nonvillage shares to share in distributions made to shareholders pursuant to subsections (j) and (m). ``(iii) The term `nonvillage shares' means shares of Settlement Common Stock owned by stockholders who are not residents of a Native village. ``(iv) The term `nonvoting security' means a security, for only the nonresident rights that attach to a share of Settlement Common Stock, that does not have attached voting rights. ``(B) Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 36(d)(1), purchase Settlement Common Stock of Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. ``(C) Subject to subparagraph (D), and notwithstanding paragraph (1)(B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell Settlement Common Stock of the Cook Inlet Regional Corporation to the Corporation. ``(D) No purchase or sale may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each purchase and sale made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. ``(E) To recognize the different rights that accrue to any class or series of nonvillage shares, an amendment made pursuant to subparagraph (B) shall authorize the board of directors (at the option of the board) to offer to purchase-- ``(i) nonvillage shares, including nonresident distribution rights, at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights; or ``(ii) nonvillage shares without the nonresident distribution rights associated with the shares. ``(F) Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each nonvillage share sold by the shareholder to the Cook Inlet Regional Corporation-- ``(i) the consideration for a share of Settlement Common Stock offered to shareholders of village shares; and ``(ii) a nonvoting security. ``(G) An amendment made pursuant to subparagraph (B) shall authorize the issuance of a nonvoting security that-- ``(i) shall, for purposes of subsections (j) and (m), be treated as a nonvillage share with respect to-- ``(I) computing distributions under those subsections; and ``(II) entitling the holder of the share to the proportional share of the distributions made under those subsections; ``(ii) may be sold to Cook Inlet Regional Corporation; and ``(iii) shall otherwise be subject to the restrictions under paragraph (1)(B). ``(H) A share of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that-- ``(i) a nonvillage share with the nonresident rights that attach to such a share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (m), a share of stock registered on the books of the Cook Inlet Regional Corporation in the name of a stockholder who is not a resident of a Native village; ``(ii) any amount of funds that would be distributable with respect to a nonvillage share or nonvoting security pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to the Corporation; and ``(iii) a village share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (k), shares of stock registered on the books of the Cook Inlet Regional Corporation in the name of a resident of a Native village. ``(I) Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer-- ``(i) any share of Settlement Common Stock held, at the time the offer is made, by an officer (including a member of the board of directors) of Cook Inlet Regional Corporation or a member of the immediate family of the officer; and ``(ii) any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. ``(J)(i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a nonvillage share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. ``(ii) Notwithstanding any other law, Cook Inlet Regional Corporation, a member of the board of directors of Cook Inlet Regional Corporation, and any firm or member of a firm of investment bankers or valuation experts who assists in a determination made under this subparagraph shall not be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made-- ``(I) in good faith; ``(II) in reliance on a determination made pursuant to clause (i); and ``(III) otherwise in accordance with this paragraph. ``(K) The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for the consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). ``(L) Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as a Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based program that may be provided by a Federal, State, or local agency.''. (b) Conforming Amendment.--Section 8(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than paragraph (4))''.	Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation to purchase its shareholder-held common stock.	A bill to amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes.	8,687	142	<SECTION-HEADER> PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION. In General. Section 7(h) of the Alaska Native Claims Settlement Act (43 USC. 1606(h)) is amended by adding at the end the following: Cook Inlet Regional Corporation. (A) In this paragraph: The term `Cook Inlet Regional Corporation' means Cook Inlet Region, Incorporated. The term `nonresident distribution right' means the right of owners of nonvillage shares to share in distributions made to shareholders pursuant to subsections (j) and (m). The term `nonvillage shares' means shares of Settlement Common Stock owned by stockholders who are not residents of a Native village. The term `nonvoting security' means a security, for only the nonresident rights that attach to a share of Settlement Common Stock, that does not have attached voting rights. Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 36(d)(1), purchase Settlement Common Stock of Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. Subject to subparagraph (D), and notwithstanding paragraph (B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell Settlement Common Stock of the Cook Inlet Regional Corporation to the Corporation. No purchase or sale may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each purchase and sale made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. To recognize the different rights that accrue to any class or series of nonvillage shares, an amendment made pursuant to subparagraph shall authorize the board of directors to offer to purchase nonvillage shares, including nonresident distribution rights, at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights. Or nonvillage shares without the nonresident distribution rights associated with the shares. Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each nonvillage share sold by the shareholder to the Cook Inlet Regional Corporation the consideration for a share of Settlement Common Stock offered to shareholders of village shares. And a nonvoting security. An amendment made pursuant to subparagraph (B) shall authorize the issuance of a nonvoting security that shall, for purposes of subsections (j) and (m), be treated as a nonvillage share with respect to computing distributions under those subsections. And entitling the holder of the share to the proportional share of the distributions made under those subsections, may be sold to Cook Inlet Regional Corporation. And shall otherwise be subject to the restrictions under paragraph (1)(B). A share of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that a nonvillage share with the nonresident rights that attach to such a share that is purchased pursuant to this paragraph shall be considered to be an outstanding share. And for the purposes of subsection (m), a share of stock registered on the books of the Cook Inlet Regional Corporation in the name of a stockholder who is not a resident of a Native village. Any amount of funds that would be distributable with respect to a nonvillage share or nonvoting security pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to the Corporation. And a village share that is purchased pursuant to this paragraph shall be considered to be an outstanding share. And for the purposes of subsection (k), shares of stock registered on the books of the Cook Inlet Regional Corporation in the name of a resident of a Native village. Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer any share of Settlement Common Stock held, at the time the offer is made, by an officer of Cook Inlet Regional Corporation or a member of the immediate family of the officer. And any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. (i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a nonvillage share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. Notwithstanding any other law, Cook Inlet Regional Corporation, a member of the board of directors of Cook Inlet Regional Corporation, and any firm or member of a firm of investment bankers or valuation experts who assists in a determination made under this subparagraph shall not be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made in good faith, in reliance on a determination made pursuant to clause (i). And otherwise in accordance with this paragraph. The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for the consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as a Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based program that may be provided by a Federal, State, or local agency.". Conforming Amendment. Section 8(c) of the Alaska Native Claims Settlement Act (43 USC. 1607(c)) is amended by striking "(h)" and inserting "(h) (other than paragraph (4))".	Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation to purchase its shareholder-held common stock.	A bill to amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes.
103_hr3823	SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Fairness Act''. SEC. 2. FINDINGS. The Congress find that-- (1) the Wisconsin State Legislature has passed legislation calling upon the Congress of the United States to provide for Federal establishment of benefit levels for aid to families with dependent children (AFDC); (2) the current variation in benefit levels from State to State has discouraged families receiving AFDC from remaining in their home communities, although it is generally in the best interest of all citizens to live close to their families, friends, and support networks, and where job opportunities exist, and decisions on where to live should not be complicated by the level of AFDC benefits; (3) under the current system, taxpayers in States are paying differing amounts, with some States providing comparatively more in AFDC benefits while others are paying well beneath the level of poverty; and (4) because poverty does not know State boundaries, and because of the current disparities in the system for both taxpayers and AFDC recipients, uniform AFDC benefits should be determined federally. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Commission on Welfare Fairness'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. Within 1 year after the first date there are 8 members of the Commission, the Commission shall, in consultation with State officials responsible for the administration of State programs of aid to families with dependent children-- (1) establish a uniform standard of need for recipients of aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act; (2) devise a formula for adjusting the uniform standard of need, on an annual basis, for differences among the States in the cost of living for low income persons; and (3) devise a method of adjusting the uniform standard of need to offset any other documented incentive for interstate migration by persons seeking a higher level of benefits under the program of aid to families with dependent children. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the President, in consultation with the Secretary of Health and Human Services and with State officials responsible for the administration of State programs of aid to families with dependent children, and by and with the advice and consent of the Senate, not later than June 1, 1995. (b) Qualifications.-- (1) Individual qualifications.--Each member of the Commission shall-- (A) have experience in the delivery of social services; or (B) represent advocacy groups that work for the interests of lower income individuals. (2) Group qualification.--The members of the Commission, as a whole, shall represent the various regions of the United States. (c) Staggered Terms of Office.-- (1) In general.--Each Commission member shall be appointed for a term of 6 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) 5 shall be appointed for terms of 2 years; and (B) 5 shall be appointed for terms of 4 years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (d) Compensation.--The members of the Commission shall not receive compensation by reason of their service on the Commission, except travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members of the Commission. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Chairperson of the Commission may, with the approval of the Commission, and without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of a director and such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. (b) Staff.--The Chairperson of the Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. (c) Experts and Consultants.--The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule. (d) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail to the Commission, without reimbursement, any personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.-- (1) In general.--Subject to paragraph (2), the Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Broad public participation.--The Commission shall conduct hearings in various areas of the United States, including inner cities, suburbs, and rural areas, to gather a broad spectrum of information on the issues to be addressed by the Commission. All interested persons shall be afforded an opportunity to testify at such hearings. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish such information to the Commission, to the extent not otherwise prohibited by law. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 8. ANNUAL REPORTS. (a) First Report.--Upon the establishment of a uniform standard of need and a formula and method for adjusting the uniform standard of need under section 4, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the uniform standard of need, and the formula and method for adjusting the uniform standard of need. (b) Subsequent Reports.--On each anniversary of the date the report required by subsection (a) is submitted, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report that reviews the success of the establishment of a uniform standard of need in curbing interstate migration for the purposes of seeking greater payments of aid to families with dependent children under State plans approved under part A of title IV of the Social Security Act. SEC. 9. TERMINATION. (a) In General.--The Commission shall terminate 6 years after the first date there are 8 members of the Commission. (b) Inapplicability of Termination Provision of the Federal Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. SEC. 10. CONFORMING AMENDMENTS. (a) In General.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting a semicolon; and (3) by inserting after paragraph (45) the following: ``(46) provide that the State's standard of need for a family shall be-- ``(A) during the life of the Commission on Welfare Fairness, the uniform standard of need determined for a family of the same size by the Commission on Welfare Fairness under section 4 of the Welfare Fairness Act, adjusted by the Commission (as appropriate) in accordance with the formula and method established under such section; and ``(B) after the termination of the Commission, the uniform standard of need referred to in subparagraph (A) of this paragraph, adjusted by the Secretary (as appropriate) in accordance with the formula and method established under such section; and ``(47) provide that, in determining the amount of aid payable to a family under the State plan, the State may not apply any rule not expressly provided in Federal law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending after the date the Commission establishes a uniform standard of need, and a formula and method for adjusting the uniform standard of need, under section 3 of this Act.	Welfare Fairness Act - Establishes the Commission on Welfare Fairness to establish a uniform standard of need for recipients of Aid to Families with Dependent Children (AFDC) under part A of title IV of the Social Security Act, and provide for appropriate adjustments to such standard.	Welfare Fairness Act	10,929	285	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Welfare Fairness Act". <SECTION-HEADER> FINDINGS. The Congress find that the Wisconsin State Legislature has passed legislation calling upon the Congress of the United States to provide for Federal establishment of benefit levels for aid to families with dependent children (AFDC). The current variation in benefit levels from State to State has discouraged families receiving AFDC from remaining in their home communities, although it is generally in the best interest of all citizens to live close to their families, friends, and support networks, and where job opportunities exist, and decisions on where to live should not be complicated by the level of AFDC benefits. Under the current system, taxpayers in States are paying differing amounts, with some States providing comparatively more in AFDC benefits while others are paying well beneath the level of poverty. And because poverty does not know State boundaries, and because of the current disparities in the system for both taxpayers and AFDC recipients, uniform AFDC benefits should be determined federally. <SECTION-HEADER> ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the "Commission on Welfare Fairness" . <SECTION-HEADER> DUTIES OF COMMISSION. Within 1 year after the first date there are 8 members of the Commission, the Commission shall, in consultation with State officials responsible for the administration of State programs of aid to families with dependent children establish a uniform standard of need for recipients of aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act. Devise a formula for adjusting the uniform standard of need, on an annual basis, for differences among the States in the cost of living for low income persons. And devise a method of adjusting the uniform standard of need to offset any other documented incentive for interstate migration by persons seeking a higher level of benefits under the program of aid to families with dependent children. <SECTION-HEADER> MEMBERSHIP. Number and Appointment. The Commission shall be composed of 15 members appointed by the President, in consultation with the Secretary of Health and Human Services and with State officials responsible for the administration of State programs of aid to families with dependent children, and by and with the advice and consent of the Senate, not later than June 1, 1995. Qualifications. Individual qualifications. Each member of the Commission shall have experience in the delivery of social services. Or represent advocacy groups that work for the interests of lower income individuals. Group qualification. The members of the Commission, as a whole, shall represent the various regions of the United States. Staggered Terms of Office. In general. Each Commission member shall be appointed for a term of 6 years, except as provided in paragraphs (2) and . Terms of initial appointees. As designated by the President at the time of appointment, of the members first appointed 5 shall be appointed for terms of 2 years. And 5 shall be appointed for terms of 4 years. Vacancies. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. Compensation. The members of the Commission shall not receive compensation by reason of their service on the Commission, except travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. Quorum. 8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. Chairperson. Vice Chairperson. The Chairperson and Vice Chairperson of the Commission shall be elected by the members. Meetings. The Commission shall meet at the call of the Chairperson or a majority of the members of the Commission. <SECTION-HEADER> DIRECTOR AND STAFF OF COMMISSION. EXPERTS AND CONSULTANTS. Director. The Chairperson of the Commission may, with the approval of the Commission, and without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of a director and such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. Staff. The Chairperson of the Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. Experts and Consultants. The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule. Staff of Federal Agencies. Upon request of the Chairperson, the head of any Federal department or agency may detail to the Commission, without reimbursement, any personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. <SECTION-HEADER> POWERS OF COMMISSION. Hearings and Sessions. In general. Subject to paragraph (2), the Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Broad public participation. The Commission shall conduct hearings in various areas of the United States, including inner cities, suburbs, and rural areas, to gather a broad spectrum of information on the issues to be addressed by the Commission. All interested persons shall be afforded an opportunity to testify at such hearings. Powers of Members and Agents. Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. Obtaining Official Data. The Commission may secure directly from any department or agency of the United States such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish such information to the Commission, to the extent not otherwise prohibited by law. Mails. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. <SECTION-HEADER> ANNUAL REPORTS. First Report. Upon the establishment of a uniform standard of need and a formula and method for adjusting the uniform standard of need under section 4, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the uniform standard of need, and the formula and method for adjusting the uniform standard of need. Subsequent Reports. On each anniversary of the date the report required by subsection (a) is submitted, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report that reviews the success of the establishment of a uniform standard of need in curbing interstate migration for the purposes of seeking greater payments of aid to families with dependent children under State plans approved under part A of title IV of the Social Security Act. <SECTION-HEADER> TERMINATION. In General. The Commission shall terminate 6 years after the first date there are 8 members of the Commission. Inapplicability of Termination Provision of the Federal Advisory Committee Act. Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. <SECTION-HEADER> CONFORMING AMENDMENTS. In General. Section 402(a) of the Social Security Act (42 USC. 602(a)) is amended by striking "and" at the end of paragraph (44). By striking the period at the end of paragraph (45) and inserting a semicolon. And by inserting after paragraph (45) the following: provide that the State's standard of need for a family shall be during the life of the Commission on Welfare Fairness, the uniform standard of need determined for a family of the same size by the Commission on Welfare Fairness under section 4 of the Welfare Fairness Act, adjusted by the Commission in accordance with the formula and method established under such section. And after the termination of the Commission, the uniform standard of need referred to in subparagraph of this paragraph, adjusted by the Secretary in accordance with the formula and method established under such section. And provide that, in determining the amount of aid payable to a family under the State plan, the State may not apply any rule not expressly provided in Federal law.". Effective Date. The amendments made by subsection (a) shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending after the date the Commission establishes a uniform standard of need, and a formula and method for adjusting the uniform standard of need, under section 3 of this Act.	Welfare Fairness Act - Establishes the Commission on Welfare Fairness to establish a uniform standard of need for recipients of Aid to Families with Dependent Children (AFDC) under part A of title IV of the Social Security Act, and provide for appropriate adjustments to such standard.	Welfare Fairness Act
104_hr4047	SECTION 1. SHORT TITLE. This Act may be cited as the ``Medigap Amendments of 1996''. SEC. 2. MEDIGAP AMENDMENTS. (a) Guaranteeing Issue Without Preexisting Conditions for Continuously Covered Individuals.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (3), by striking ``paragraphs (1) and (2)'' and inserting ``this subsection'', (2) by redesignating paragraph (3) as paragraph (4), and (3) by inserting after paragraph (2) the following new paragraph: ``(3)(A) The issuer of a Medicare supplemental policy-- ``(i) may not deny or condition the issuance or effectiveness of a Medicare supplemental policy described in subparagraph (C); ``(ii) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability; and ``(iii) may not impose an exclusion of benefits based on a pre-existing condition, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the date of the termination of enrollment described in such subparagraph. ``(B) An individual described in this subparagraph is an individual described in any of the following clauses: ``(i) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment ceases either because the individual moves outside the service area of the organization under the contract or agreement or because of the termination or nonrenewal of the contract or agreement. ``(ii) The individual is enrolled with an organization under a policy described in subsection (t) and such enrollment ceases either because the individual moves outside the service area of the organization under the policy, because of the bankruptcy or insolvency of the insurer, or because the insurer closes the block of business to new enrollment. ``(iii) The individual is covered under a medicare supplemental policy and such coverage is terminated because of the bankruptcy or insolvency of the insurer issuing the policy, because the insurer closes the block of business to new enrollment, or because the individual changes residence so that the individual no longer resides in a State in which the issuer of the policy is licensed. ``(iv) The individual is enrolled under an employee welfare benefit plan that provides health benefits that supplement the benefits under this title and the plan terminates or ceases to provide (or significantly reduces) such supplemental health benefits to the individual. ``(v)(I) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment is terminated by the enrollee during the first 12 months of such enrollment, but only if the individual never was previously enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A). ``(II) The individual is enrolled under a policy described in subsection (t) and such enrollment is terminated during the first 12 months of such enrollment, but only if the individual never was previously enrolled under such a policy under such subsection. ``(C)(i) Subject to clause (ii), a medicare supplemental policy described in this subparagraph, with respect to an individual described in subparagraph (B), is a policy the benefits under which are comparable or lesser in relation to the benefits under the enrollment described in subparagraph (B) (or, in the case of an individual described in clause (ii), under the most recent medicare supplemental policy described in clause (ii)(II)). ``(ii) An individual described in this clause is an individual who-- ``(I) is described in subparagraph (B)(v), and ``(II) was enrolled in a medicare supplemental policy within the 63 day period before the enrollment described in such subparagraph. ``(iii) As a condition for approval of a State regulatory program under subsection (b)(1) and for purposes of applying clause (i) to policies to be issued in the State, the regulatory program shall provide for the method of determining whether policy benefits are comparable or lesser in relation to other benefits. With respect to a State without such an approved program, the Secretary shall establish such method. ``(D) At the time of an event described in subparagraph (B) because of which an individual ceases enrollment or loses coverage or benefits under a contract or agreement, policy, or plan, the organization that offers the contract or agreement, the insurer offering the policy, or the administrator of the plan, respectively, shall notify the individual of the rights of the individual, and obligations of issuers of medicare supplemental policies, under subparagraph (A).''. (b) Limitation on Imposition of Preexisting Condition Exclusion During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows: ``(B) In the case of a policy issued during the 6-month period described in subparagraph (A), the policy may not exclude benefits based on a pre-existing condition.''. (c) Clarifying the Nondiscrimination Requirements During the 6- Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended to read as follows: ``(2)(A)(i) In the case of an individual described in clause (ii), the issuer of a medicare supplemental policy-- ``(I) may not deny or condition the issuance or effectiveness of a medicare supplemental policy, and ``(II) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability. ``(ii) An individual described in this clause is an individual for whom an application is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B.''. (d) Extending 6-Month Initial Enrollment Period to Non-Elderly Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42 U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by striking ``is submitted'' and all that follows and inserting the following: ``is submitted-- ``(I) before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B; and ``(II) for each time the individual becomes eligible for benefits under part A pursuant to section 226(b) or 226A and is enrolled for benefits under part B, before the end of the 6- month period beginning with the first month as of the first day on which the individual is so eligible and so enrolled.''. (e) Effective Dates.-- (1) Guaranteed issue.--The amendment made by subsection (a) shall take effect on July 1, 1997. (2) Limit on preexisting condition exclusions.--The amendment made by subsection (b) shall apply to policies issued on or after July 1, 1997. (3) Clarification of nondiscrimination requirements.--The amendment made by subsection (c) shall apply to policies issued on or after July 1, 1997. (4) Extension of enrollment period to disabled individuals.-- (A) In general.--The amendment made by subsection (d) shall take effect on July 1, 1997. (B) Transition rule.--In the case of an individual who first became eligible for benefits under part A of title XVIII of the Social Security Act pursuant to section 226(b) or 226A of such Act and enrolled for benefits under part B of such title before July 1, 1997, the 6-month period described in section 1882(s)(2)(A) of such Act shall begin on July 1, 1997. Before July 1, 1997, the Secretary of Health and Human Services shall notify any individual described in the previous sentence of their rights in connection with medicare supplemental policies under section 1882 of such Act, by reason of the amendment made by subsection (d). (f) Transition Provisions.-- (1) In general.--If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4). (2) NAIC standards.--If, within 9 months after the date of the enactment of this Act, the National Association of Insurance Commissioners (in this subsection referred to as the ``NAIC'') modifies its NAIC Model Regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as modified pursuant to section 171(m)(2) of the Social Security Act Amendments of 1994 (Public Law 103-432) and as modified pursuant to section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by section 271(a) of the Health Care Portability and Accountability Act of 1996 (Public Law 104-191) to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation (including the revised NAIC model regulation and the 1991 NAIC Model Regulation) for the purposes of such section. (3) Secretary standards.--If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate Regulation for the purposes of such section. (4) Date specified.-- (A) In general.--Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of-- (i) the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or (ii) 1 year after the date the NAIC or the Secretary first makes the modifications under paragraph (2) or (3), respectively. (B) Additional legislative action required.--In the case of a State which the Secretary identifies as-- (i) requiring State legislation (other than legislation appropriating funds) to conform its regulatory program to the changes made in this section, but (ii) having a legislature which is not scheduled to meet in 1998 in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1, 1998. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 3. INFORMATION FOR MEDICARE BENEFICIARIES. (a) Grant program.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') is authorized to provide grants to-- (A) private, independent, non-profit consumer organizations, and (B) State agencies, to conduct programs to prepare and make available to medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a medicare managed care contract and in medicare supplemental policies in which they are eligible to enroll. Nothing in this section shall be construed as preventing the Secretary from making a grant to an organization under this section to carry out activities for which a grant may be made under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508). (2) Consumer satisfaction surveys.--Any eligible organization with a medicare managed care contract or any issuer of a medicare supplemental policy shall-- (A) conduct, in accordance with minimum standards approved by the Secretary, a consumer satisfaction survey of the enrollees under such contract or such policy; and (B) make the results of such survey available to Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. The Secretary shall make the results of such surveys available to organizations which receive grants under paragraph (1). (3) Information.-- (A) Contents.--The information described in paragraph (1) shall include at least a comparison of such contracts and policies, including a comparison of the benefits provided, quality and performance, the costs to enrollees, the results of consumer satisfaction surveys on such contracts and policies, as described in subsection (a)(2), and such additional information as the Secretary may prescribe. (B) Information standards.--The Secretary shall develop standards and criteria to ensure that the information provided to medicare beneficiaries under a grant under this section is complete, accurate, and uniform. (C) Review of information.--The Secretary may prescribe the procedures and conditions under which an organization that has obtained a grant under this section may furnish information obtained under the grant to medicare beneficiaries. Such information shall be submitted to the Secretary at least 45 days before the date the information is first furnished to such beneficiaries. (4) Consultation with other organizations and providers.-- An organization which receives a grant under paragraph (1) shall consult with private insurers, managed care plan providers and other health care providers, and public and private purchasers of health care benefits in order to provide the information described in paragraph (1). (5) Terms and conditions.--To be eligible for a grant under this section, an organization shall prepare and submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. Grants made under this section shall be in accordance with terms and conditions specified by the Secretary. (b) Cost-Sharing.-- (1) In general.--Each organization which provides a medicare managed care contract or issues a medicare supplemental policy (including a medicare select policy) shall pay to the Secretary its pro rata share (as determined by the Secretary) of the estimated costs to be incurred by the Secretary in providing the grants described in subsection (a). (2) Limitation.--The total amount required to be paid under paragraph (1) shall not exceed $35,000,000 in any fiscal year. (3) Application of proceeds.--Amounts received under paragraph (1) are hereby appropriated to the Secretary to defray the costs described in such paragraph and shall remain available until expended. (c) Definitions.--In this section: (1) Medicare managed care contract.--The term ``medicare managed care contract'' means a contract under section 1876 or section 1833(a)(1)(A) of the Social Security Act. (2) Medicare supplemental policy.--The term ``medicare supplemental policy'' has the meaning given such term in section 1882(g) of the Social Security Act.	Medigap Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons. Prohibits a Medicare supplemental policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage , if the policy in which the individual wishes to enroll has a comparable or less generous benefits package. Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare. Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to: (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy. And (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants. Makes necessary appropriations.	Medigap Amendments of 1996	18,774	2,166	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medigap Amendments of 1996". <SECTION-HEADER> MEDIGAP AMENDMENTS. Guaranteeing Issue Without Preexisting Conditions for Continuously Covered Individuals. Section 1882(s) of the Social Security Act (42 USC. 1395ss(s)) is amended in paragraph (3), by striking "paragraphs (1) and " and inserting "this subsection", by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: (A) The issuer of a Medicare supplemental policy may not deny or condition the issuance or effectiveness of a Medicare supplemental policy described in subparagraph (C). May not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition , claims experience, receipt of health care, medical history, genetic information, evidence of insurability , or disability. And may not impose an exclusion of benefits based on a pre-existing condition, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the date of the termination of enrollment described in such subparagraph. An individual described in this subparagraph is an individual described in any of the following clauses: The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment ceases either because the individual moves outside the service area of the organization under the contract or agreement or because of the termination or nonrenewal of the contract or agreement. The individual is enrolled with an organization under a policy described in subsection (t) and such enrollment ceases either because the individual moves outside the service area of the organization under the policy, because of the bankruptcy or insolvency of the insurer, or because the insurer closes the block of business to new enrollment. The individual is covered under a medicare supplemental policy and such coverage is terminated because of the bankruptcy or insolvency of the insurer issuing the policy, because the insurer closes the block of business to new enrollment, or because the individual changes residence so that the individual no longer resides in a State in which the issuer of the policy is licensed. The individual is enrolled under an employee welfare benefit plan that provides health benefits that supplement the benefits under this title and the plan terminates or ceases to provide such supplemental health benefits to the individual. (I) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment is terminated by the enrollee during the first 12 months of such enrollment, but only if the individual never was previously enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A). The individual is enrolled under a policy described in subsection (t) and such enrollment is terminated during the first 12 months of such enrollment, but only if the individual never was previously enrolled under such a policy under such subsection. (i) Subject to clause (ii), a medicare supplemental policy described in this subparagraph, with respect to an individual described in subparagraph (B), is a policy the benefits under which are comparable or lesser in relation to the benefits under the enrollment described in subparagraph (B) (or, in the case of an individual described in clause (ii), under the most recent medicare supplemental policy described in clause (ii)(II)). An individual described in this clause is an individual who is described in subparagraph (B)(v), and was enrolled in a medicare supplemental policy within the 63 day period before the enrollment described in such subparagraph. As a condition for approval of a State regulatory program under subsection (b)(1) and for purposes of applying clause (i) to policies to be issued in the State, the regulatory program shall provide for the method of determining whether policy benefits are comparable or lesser in relation to other benefits. With respect to a State without such an approved program, the Secretary shall establish such method. At the time of an event described in subparagraph (B) because of which an individual ceases enrollment or loses coverage or benefits under a contract or agreement, policy, or plan, the organization that offers the contract or agreement, the insurer offering the policy, or the administrator of the plan, respectively, shall notify the individual of the rights of the individual, and obligations of issuers of medicare supplemental policies, under subparagraph (A).". Limitation on Imposition of Preexisting Condition Exclusion During Initial Open Enrollment Period. Section 1882(s)(2)(B) of such Act (42 USC. 1395ss(s)(2)(B)) is amended to read as follows: In the case of a policy issued during the 6-month period described in subparagraph (A), the policy may not exclude benefits based on a pre-existing condition.". Clarifying the Nondiscrimination Requirements During the 6- Month Initial Enrollment Period. Section 1882(s)(2)(A) of such Act (42 USC. 1395ss(s)(2)(A)) is amended to read as follows: (A)(i) In the case of an individual described in clause (ii), the issuer of a medicare supplemental policy may not deny or condition the issuance or effectiveness of a medicare supplemental policy, and may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition , claims experience, receipt of health care, medical history, genetic information, evidence of insurability , or disability. An individual described in this clause is an individual for whom an application is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B.". Extending 6-Month Initial Enrollment Period to Non-Elderly Medicare Beneficiaries. Section 1882(s)(2)(A)(ii) of such Act (42 USC. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by striking "is submitted" and all that follows and inserting the following: "is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B. And for each time the individual becomes eligible for benefits under part A pursuant to section 226(b) or 226A and is enrolled for benefits under part B, before the end of the 6- month period beginning with the first month as of the first day on which the individual is so eligible and so enrolled.". Effective Dates. Guaranteed issue. The amendment made by subsection (a) shall take effect on July 1, 1997. Limit on preexisting condition exclusions. The amendment made by subsection (b) shall apply to policies issued on or after July 1, 1997. Clarification of nondiscrimination requirements. The amendment made by subsection (c) shall apply to policies issued on or after July 1, 1997. Extension of enrollment period to disabled individuals. In general. The amendment made by subsection shall take effect on July 1, 1997. Transition rule. In the case of an individual who first became eligible for benefits under part A of title XVIII of the Social Security Act pursuant to section 226(b) or 226A of such Act and enrolled for benefits under part B of such title before July 1, 1997, the 6-month period described in section 1882(s)(2)(A) of such Act shall begin on July 1, 1997. Before July 1, 1997, the Secretary of Health and Human Services shall notify any individual described in the previous sentence of their rights in connection with medicare supplemental policies under section 1882 of such Act, by reason of the amendment made by subsection . Transition Provisions. In general. If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4). NAIC standards. If, within 9 months after the date of the enactment of this Act, the National Association of Insurance Commissioners modifies its NAIC Model Regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as modified pursuant to section 171(m)(2) of the Social Security Act Amendments of 1994 and as modified pursuant to section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by section 271(a) of the Health Care Portability and Accountability Act of 1996 to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation for the purposes of such section. Secretary standards. If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate Regulation for the purposes of such section. Date specified. In general. Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or 1 year after the date the NAIC or the Secretary first makes the modifications under paragraph (2) or (3), respectively. Additional legislative action required. In the case of a State which the Secretary identifies as requiring State legislation to conform its regulatory program to the changes made in this section, but having a legislature which is not scheduled to meet in 1998 in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1, 1998. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. <SECTION-HEADER> INFORMATION FOR MEDICARE BENEFICIARIES. Grant program. In general. The Secretary of Health and Human Services is authorized to provide grants to private, independent, non-profit consumer organizations, and State agencies, to conduct programs to prepare and make available to medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a medicare managed care contract and in medicare supplemental policies in which they are eligible to enroll. Nothing in this section shall be construed as preventing the Secretary from making a grant to an organization under this section to carry out activities for which a grant may be made under section 4360 of the Omnibus Budget Reconciliation Act of 1990 . Consumer satisfaction surveys. Any eligible organization with a medicare managed care contract or any issuer of a medicare supplemental policy shall conduct, in accordance with minimum standards approved by the Secretary, a consumer satisfaction survey of the enrollees under such contract or such policy. And make the results of such survey available to Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. The Secretary shall make the results of such surveys available to organizations which receive grants under paragraph (1). Information. Contents. The information described in paragraph (1) shall include at least a comparison of such contracts and policies, including a comparison of the benefits provided, quality and performance, the costs to enrollees, the results of consumer satisfaction surveys on such contracts and policies, as described in subsection (a)(2), and such additional information as the Secretary may prescribe. Information standards. The Secretary shall develop standards and criteria to ensure that the information provided to medicare beneficiaries under a grant under this section is complete, accurate, and uniform. Review of information. The Secretary may prescribe the procedures and conditions under which an organization that has obtained a grant under this section may furnish information obtained under the grant to medicare beneficiaries. Such information shall be submitted to the Secretary at least 45 days before the date the information is first furnished to such beneficiaries. Consultation with other organizations and providers. An organization which receives a grant under paragraph (1) shall consult with private insurers, managed care plan providers and other health care providers, and public and private purchasers of health care benefits in order to provide the information described in paragraph (1). Terms and conditions. To be eligible for a grant under this section, an organization shall prepare and submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. Grants made under this section shall be in accordance with terms and conditions specified by the Secretary. Cost-Sharing. In general. Each organization which provides a medicare managed care contract or issues a medicare supplemental policy shall pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants described in subsection (a). Limitation. The total amount required to be paid under paragraph (1) shall not exceed $35,000,000 in any fiscal year. Application of proceeds. Amounts received under paragraph (1) are hereby appropriated to the Secretary to defray the costs described in such paragraph and shall remain available until expended. Definitions. In this section: Medicare managed care contract. The term "medicare managed care contract" means a contract under section 1876 or section 1833(a)(1)(A) of the Social Security Act. Medicare supplemental policy. The term "medicare supplemental policy" has the meaning given such term in section 1882(g) of the Social Security Act.	Medigap Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons. Prohibits a Medicare supplemental policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage , if the policy in which the individual wishes to enroll has a comparable or less generous benefits package. Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare. Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to: (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy. And (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants. Makes necessary appropriations.	Medigap Amendments of 1996
110_hr5630	SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Employment Act''. SEC. 2. NUMERICAL LIMITATIONS. Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(vii)) is amended to read as follows: ``(vii) 130,000 in fiscal year 2008 and each succeeding fiscal year, except that in fiscal years 2010 through 2015, if such limitation is reached in the previous fiscal year, such limitation shall equal the greater of 180,000 and the limitation applicable for the previous fiscal year increased by 20 percent; or''. SEC. 3. EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS. Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (1) in subparagraph (B), by striking ``or''; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(D) has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment; or ``(E) has earned a master's or higher degree (or its equivalent) from an institution of higher education outside of the United States in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment, until the number of aliens who are exempted from such numerical limitations under this subparagraph during a fiscal year exceeds 20,000.''. SEC. 4. H-1B EMPLOYER REQUIREMENTS. Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following: ``(H) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(i) the job or jobs are only available to persons who are or who may become H-1B nonimmigrants; or ``(ii) persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. ``(I) If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. SEC. 5. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS. (a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended, in the matter following subparagraph (I) (as inserted by section 3 of this Act)-- (1) by inserting ``and through the Department of Labor's website, without charge.'' after ``D.C.''; (2) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness''; (3) by striking or ``obviously inaccurate'' and inserting ``presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; (4) by striking ``within 7 days of'' and inserting ``not later than 14 days after''; and (5) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (b) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended-- (1) in subparagraph (A)-- (A) by striking ``12 months'' and inserting ``24 months''; and (B) by striking ``The Secretary shall conduct'' and all that follows and inserting ``Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.''; (2) in subparagraph (C)(i)-- (A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; and (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements of this subsection.''; (B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.''; (C) in clause (iii), by striking the last sentence; (D) by striking clauses (iv) and (v); (E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (F) in clause (iv), as redesignated, by striking ``meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months'' and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months''; (G) by amending clause (v), as redesignated, to read as follows: ``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.''; (H) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and (I) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).''; and (4) by striking subparagraph (H). (c) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: ``(H) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. (d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers that employ H-1B nonimmigrants during the applicable calendar year.'' (e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (f) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following: ``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. ``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights.''. SEC. 6. WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended-- (1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and (2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost compensation, including back pay.''.	Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa cap from 65,000 to 130,000 starting in FY2008. Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20 percent. Exempts from H-1B caps an alien who has earned a master's or higher degree from a US institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement. (2) authorize the Secretary of Labor to initiate an H-1B employer investigation, (3) increase employer penalties, and (4) provide whistleblower protections.	To modify certain requirements with respect to H-1B nonimmigrants.	12,343	1,236	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Innovation Employment Act". <SECTION-HEADER> NUMERICAL LIMITATIONS. Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8 USC. 1184(g)(1)(A)(vii)) is amended to read as follows: 130,000 in fiscal year 2008 and each succeeding fiscal year, except that in fiscal years 2010 through 2015, if such limitation is reached in the previous fiscal year, such limitation shall equal the greater of 180,000 and the limitation applicable for the previous fiscal year increased by 20 percent. Or". <SECTION-HEADER> EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS. Section 214(g)(5) of the Immigration and Nationality Act (8 USC. 1184(g)(5)) is amended in subparagraph (B), by striking "or". In subparagraph (C), by striking the period at the end and inserting a semicolon. And by adding at the end the following: has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 USC. 1001(a)) in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment. Or has earned a master's or higher degree from an institution of higher education outside of the United States in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment, until the number of aliens who are exempted from such numerical limitations under this subparagraph during a fiscal year exceeds 20,000.". <SECTION-HEADER> H-1B EMPLOYER REQUIREMENTS. Section 212(n)(1) of the Immigration and Nationality Act (8 USC. 1182(n)(1)) is amended by inserting after subparagraph (G) the following: The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that the job or jobs are only available to persons who are or who may become H-1B nonimmigrants. Or persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.". <SECTION-HEADER> H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS. Safeguards Against Fraud and Misrepresentation in Application Review Process. Section 212(n)(1) of the Immigration and Nationality Act (8 USC. 1182(n)(1)) is amended, in the matter following subparagraph (I) by inserting "and through the Department of Labor's website, without charge." after "D. C.". By inserting ", clear indicators of fraud, misrepresentation of material fact," after "completeness". By striking or "obviously inaccurate" and inserting "presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate". By striking "within 7 days of" and inserting "not later than 14 days after". And by adding at the end the following: "If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).". Investigations by Department of Labor. Section 212(n)(2) of such Act is amended in subparagraph (A) by striking "12 months" and inserting "24 months". And by striking "The Secretary shall conduct" and all that follows and inserting "Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.". In subparagraph (C)(i) by striking "a condition of paragraph (1)(B), (E), or (1)(F)" and inserting "a condition under subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)", and by striking "(1)(C)" and inserting (C)(ii)". In subparagraph (G) in clause (i), by striking "if the Secretary" and all that follows and inserting "with regard to the employer's compliance with the requirements of this subsection.". In clause (ii), by striking "and whose identity" and all that follows through "failure or failures." and inserting "the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.", in clause (iii), by striking the last sentence, by striking clauses (iv) and (v). By redesignating clauses (vi), (vii), and as clauses (iv), (v), and (vi), respectively. In clause (iv), as redesignated, by striking "meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months" and inserting "comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months". By amending clause (v), as redesignated, to read as follows: The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.". In clause (vi), as redesignated, by striking "An investigation" and all that follows through "the determination." and inserting "If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.". And by adding at the end the following: If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).". And by striking subparagraph (H). Information Sharing Between Department of Labor and Department of Homeland Security. Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.". Audits. Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: "The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers that employ H-1B nonimmigrants during the applicable calendar year." Penalties. Section 212(n)(2)(C) of such Act, as amended by this section, is further amended in clause (i)(I), by striking "$1,000" and inserting "$2,000", in clause (ii)(I), by striking "$5,000" and inserting "$10,000". And in clause (vi)(III), by striking "$1,000" and inserting "$2,000". Information Provided to H-1B Nonimmigrants Upon Visa Issuance. Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following: (A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections. And the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections. And the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights.". <SECTION-HEADER> WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 USC. 1182(n)(2)(C)(iv)) is amended by inserting "take, fail to take, or threaten to take or fail to take, a personnel action, or" before "to intimidate". And by adding at the end the following: "An employer that violates this clause shall be liable to the employees harmed by such violation for lost compensation, including back pay.".	Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa cap from 65,000 to 130,000 starting in FY2008. Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20 percent. Exempts from H-1B caps an alien who has earned a master's or higher degree from a US institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement. (2) authorize the Secretary of Labor to initiate an H-1B employer investigation, (3) increase employer penalties, and (4) provide whistleblower protections.	To modify certain requirements with respect to H-1B nonimmigrants.
110_s3379	SECTION 1. SHORT TITLE. This Act may be cited as the ``Services, Education, and Rehabilitation for Veterans Act'' or the ``SERV Act''. SEC. 2. VETERAN'S TREATMENT COURTS. (a) Delegation.--The Director of the Office of National Drug Control Policy (referred to in this Act as the ``Director'') shall delegate the authority to administer the program and other such activities necessary to carry out this Act to the Department of Justice. (b) Grants.--The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments acting directly or through agreements with other public or private entities, for the purpose of developing, implementing, or enhancing veteran's treatment courts or expanding operational drug courts to serve veterans. (c) Eligibility.--Grants under this Act shall be made to veteran's treatment courts and drug courts serving veterans that effectively integrate substance abuse treatment, mental health treatment, mandatory drug testing, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over nonviolent, substance-abusing offenders that have served in the United States military. SEC. 3. GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve-- (1) continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military; and (2) the integrated administration of other sanctions and services, which shall include-- (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse and mental health treatment (such as treatment for depression and post-traumatic stress disorder) for each participant; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (b) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this Act shall-- (1) include a long-term strategy and detailed implementation plan; (2) explain the applicant's inability to fund the program adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program; (6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the veteran's treatment court program; (7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. (c) Certifications.--Each such application shall contain the certification that the program for which the grant is requested shall meet each of the requirements of this Act. SEC. 5. FEDERAL SHARE. The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. SEC. 6. REPORTS AND EVALUATIONS. (a) Report to Attorney General and the Director.--For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Veterans Affairs a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. (b) Report to Congress.--The Director, in consultation with the Attorney General, shall submit a yearly report on the effectiveness on the activities carried out under this Act to the House and Senate Committees on the Judiciary and the House and Senate Committees on Veterans Affairs. SEC. 7. DEFINITIONS. In this Act: (1) Veteran.--The term ``veteran'' means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. (2) Veteran's treatment court.--The term ``veteran's treatment court'' means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103- 322). (3) Violent offender.--The term ``violent offender'' means a person who-- (A) is charged with or convicted of an offense, during the course of which offense or conduct-- (i) the person carried, possessed, or used a firearm or dangerous weapon; (ii) there occurred the death of or serious bodily injury to any person; or (iii) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted. (B) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. SEC. 8. ADMINISTRATION. (a) Consultation.--The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act. (b) Regulatory Authority.-- (1) In general.--The Attorney General may issue regulations and guidelines necessary to carry out this Act. (2) Participation limits.--In additional to the general authority provided under paragraph (1), the Attorney General shall-- (A) issue regulations and guidelines to ensure that programs authorized in this Act do not permit participation by violent offenders; and (B) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. (c) Geographic Distribution.--The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this Act. SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. (a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. (b) Evaluations.--The Attorney General may provide for evaluations in furtherance of the purposes of this Act. SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE. (a) Comprehensive, National Training and Technical Assistance for Drug Courts.--The National Drug Court Institute in Alexandria, Virginia shall-- (1) conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources; and (2) provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up. (b) Ancillary Projects.--The National Drug Court Institute in Alexandria, Virginia shall complete ancillary programs designed to facilitate the expansion and improvement of drug courts nationwide including-- (1) a Judicial Task Force to develop a transition plan for new drug court judges; (2) a resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field; (3) publishing annually the National Drug Court Institute Review to provide research, analysis, and commentary of importance to the drug court field; and (4) searching drug court literature and identify, reprint, and disseminate important and relevant scholarship to the drug court field. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2009 through 2014 to remain available until expended. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Except for section 10, there are authorized to be appropriated to the Director to carry out this Act $25,000,000 for each of fiscal years 2009 to 2014.	Services, Education, and Rehabilitation for Veterans Act or the SERV Act - Requires the Director of the Office of National Drug Control Policy to delegate to the Department of Justice (DOJ) the authority to administer the veteran's treatment courts program established by this Act. Authorizes the Attorney General to make grants to states and other entities: (1) to develop, implement, or enhance veteran's treatment courts or to expand operational drug courts to serve veterans. And (2) for programs that involve continuing judicial supervision over nonviolent offenders with substance abuse or mental health problems who have served in the US military. Requires such programs to include mandatory periodic testing for the use of drugs, substance abuse and mental health treatment, opportunities for diversion, probation, or supervised release, and programmatic, offender management, and aftercare services. Directs the National Drug Court Institute to conduct national training programs for state and local communities to improve the professional skills of drug court practitioners and provide comprehensive technical assistance to adult, juvenile, and family dependency drug courts.	A bill to provide grants to establish veteran's treatment courts.	11,762	1,185	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Services, Education, and Rehabilitation for Veterans Act" or the "SERV Act". <SECTION-HEADER> VETERAN'S TREATMENT COURTS. Delegation. The Director of the Office of National Drug Control Policy shall delegate the authority to administer the program and other such activities necessary to carry out this Act to the Department of Justice. Grants. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments acting directly or through agreements with other public or private entities, for the purpose of developing, implementing, or enhancing veteran's treatment courts or expanding operational drug courts to serve veterans. Eligibility. Grants under this Act shall be made to veteran's treatment courts and drug courts serving veterans that effectively integrate substance abuse treatment, mental health treatment, mandatory drug testing, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over nonviolent, substance-abusing offenders that have served in the United States military. <SECTION-HEADER> GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military. And the integrated administration of other sanctions and services, which shall include mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant, substance abuse and mental health treatment for each participant. Diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress. And programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. <SECTION-HEADER> APPLICATIONS. In General. To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. Applications. In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this Act shall include a long-term strategy and detailed implementation plan. Explain the applicant's inability to fund the program adequately without Federal assistance. Certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available. Identify related governmental or community initiatives which complement or will be coordinated with the proposal. Certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program. Certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the veteran's treatment court program. Specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support. And describe the methodology that will be used in evaluating the program. Certifications. Each such application shall contain the certification that the program for which the grant is requested shall meet each of the requirements of this Act. <SECTION-HEADER> FEDERAL SHARE. The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. <SECTION-HEADER> REPORTS AND EVALUATIONS. Report to Attorney General and the Director. For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Veterans Affairs a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. Report to Congress. The Director, in consultation with the Attorney General, shall submit a yearly report on the effectiveness on the activities carried out under this Act to the House and Senate Committees on the Judiciary and the House and Senate Committees on Veterans Affairs. <SECTION-HEADER> DEFINITIONS. In this Act: Veteran. The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. Veteran's treatment court. The term "veteran's treatment court" means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 . Violent offender. The term "violent offender" means a person who is charged with or convicted of an offense, during the course of which offense or conduct the person carried, possessed, or used a firearm or dangerous weapon. There occurred the death of or serious bodily injury to any person. Or there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted. has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. <SECTION-HEADER> ADMINISTRATION. Consultation. The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act. Regulatory Authority. In general. The Attorney General may issue regulations and guidelines necessary to carry out this Act. Participation limits. In additional to the general authority provided under paragraph (1), the Attorney General shall issue regulations and guidelines to ensure that programs authorized in this Act do not permit participation by violent offenders. And immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. Geographic Distribution. The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this Act. <SECTION-HEADER> TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. Technical Assistance and Training. The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. Evaluations. The Attorney General may provide for evaluations in furtherance of the purposes of this Act. <SECTION-HEADER> FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE. Comprehensive, National Training and Technical Assistance for Drug Courts. The National Drug Court Institute in Alexandria, Virginia shall conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources. And provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up. Ancillary Projects. The National Drug Court Institute in Alexandria, Virginia shall complete ancillary programs designed to facilitate the expansion and improvement of drug courts nationwide including a Judicial Task Force to develop a transition plan for new drug court judges. A resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field. Publishing annually the National Drug Court Institute Review to provide research, analysis, and commentary of importance to the drug court field. And searching drug court literature and identify, reprint, and disseminate important and relevant scholarship to the drug court field. Authorization of Appropriations. There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2009 through 2014 to remain available until expended. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Except for section 10, there are authorized to be appropriated to the Director to carry out this Act $25,000,000 for each of fiscal years 2009 to 2014.	Services, Education, and Rehabilitation for Veterans Act or the SERV Act - Requires the Director of the Office of National Drug Control Policy to delegate to the Department of Justice (DOJ) the authority to administer the veteran's treatment courts program established by this Act. Authorizes the Attorney General to make grants to states and other entities: (1) to develop, implement, or enhance veteran's treatment courts or to expand operational drug courts to serve veterans. And (2) for programs that involve continuing judicial supervision over nonviolent offenders with substance abuse or mental health problems who have served in the US military. Requires such programs to include mandatory periodic testing for the use of drugs, substance abuse and mental health treatment, opportunities for diversion, probation, or supervised release, and programmatic, offender management, and aftercare services. Directs the National Drug Court Institute to conduct national training programs for state and local communities to improve the professional skills of drug court practitioners and provide comprehensive technical assistance to adult, juvenile, and family dependency drug courts.	A bill to provide grants to establish veteran's treatment courts.
109_hr6081	SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Engineering Accountability Act of 2006''. SEC. 2. CIVIL LIABILITY. (a) In General.--Notwithstanding section 2680(a) of title 28, United States Code, and section 3 of the Flood Control Act of 1928 (33 U.S.C. 702c), and subject to subsection (b), an action may be brought only in a Federal court for actual, not punitive, damages against the Army Corps of Engineers for the failure or negligence by the Corps to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. (b) Determination of Liability.--An action brought under subsection (a) for monetary damages for injury or loss of property, or personal injury or death may proceed only if a claimant can demonstrate that-- (1) the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible; or (2) the independent Commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. SEC. 3. COMMISSION. (a) Establishment.--There is hereby established a Commission to be known as the Federal Engineering Accountability Commission. (b) Duties.-- (1) Initial duties.--Not later than 60 days after a major disaster, the Commission shall begin an investigation to determine if the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by such disaster, for which the Corps was legally responsible. (2) Interim duties.--Not later than 12 months after a major disaster, the Committee shall complete its investigation under paragraph (1). (3) Report.--Not later than 15 months after a major disaster, the Commission shall submit a report to the Secretary of the Army and the Secretary of the Department of Homeland Security regarding the findings of its investigation. (c) Membership.--The Commission shall be composed of 7 members appointed by the President by and with the consent of the Senate. (d) Qualifications.--In appointing individuals to the Commission, the President shall consider-- (1) for appointment individuals who are experts in the field of civil engineering, water management, flood protection, or in another related area; (2) the appointment of not more than 2 members who have ever worked for the Army Corps of Engineers; (3) no appointment of a current employee of the Army Corps of Engineers or the Department of Homeland Security. (e) Terms of Appointment.--Each member shall be appointed for a term of 5 years and terms may be renewed for an unlimited number of additional 5-year terms. (f) Quorum.--At least 3 members of the Commission are necessary to conduct an investigation after a major disaster and to make a determination regarding the failure or negligence of the Corps in designing, constructing, or maintaining a project for which it is legally responsible. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Meetings.--No later than 60 days after the occurrence of a major disaster, the members shall convene and begin its investigation and may meet as often as the members consider necessary during the 12- month period following the major disaster. (i) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission The attendance of witnesses and the production of evidence may be required from any place within at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any Federal court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.] (j) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 4. TIME FOR COMMENCING ACTION AGAINST THE CORPS. Every civil action commenced against the Army Corps of Engineers under section 2(a) shall be barred unless the complaint is filed with 18 months after the earlier of the date in which-- (1) the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible; or (2) an independent commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. SEC. 5. NO STANDING. No State or local government shall have standing to bring an action under this Act. No insurance company shall have standing to bring an action under this Act to the extent that such insurance company's claim is founded in indemnity or recovery of claims the company has paid. SEC. 6. BENEFITS. A court shall not hear evidence or reduce an award made under this Act for any amounts the claimant received from another party for injury or damages sustained in a major disaster proximately caused by the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project, adversely impacted by a major disaster, for which the Corps is legally responsible. SEC. 7. NO SUBROGATION. An insurance company shall not have the right to seek subrogation for a claim. SEC. 8. MOTION FOR MANDAMUS. If the Commission fails to meet the deadlines specified in this Act, a claimant may bring a motion to seek mandamus against the Commission. SEC. 9. DEFINITIONS. For purposes of this Act the following terms apply: (1) The term ``Commission'' means the Federal Engineering Accountability Commission established under section 3. (2) The term ``Corps'' means the Army Corps of Engineers. (3) The term ``major disaster'' has the same meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).	Federal Engineering Accountability Act of 2006 - Provides that an action may be brought only in federal court for actual, not punitive, damages against the Army Corps of Engineers for its failure or negligence to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Establishes the Federal Engineering Accountability Commission to determine the Corps' failure or negligence after such a disaster and to report to the Secretary of the Army and the Secretary of Homeland Security. Permits such an action for injury, loss of property, personal injury, or death to proceed only if a claimant can demonstrate that: (1) the Corps admitted that it failed or was negligent. Or (2) the Commission determines that the Corps failed or was negligent.	To provide an option to proceed with an action in any Federal court to recover actual damages for physical or property damage in a major disaster that proximately results from the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project for which the Corps is legally responsible.	8,544	811	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Engineering Accountability Act of 2006". <SECTION-HEADER> CIVIL LIABILITY. In General. Notwithstanding section 2680(a) of title 28, United States Code, and section 3 of the Flood Control Act of 1928 , and subject to subsection (b), an action may be brought only in a Federal court for actual, not punitive, damages against the Army Corps of Engineers for the failure or negligence by the Corps to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Determination of Liability. An action brought under subsection for monetary damages for injury or loss of property, or personal injury or death may proceed only if a claimant can demonstrate that the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible. Or the independent Commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. <SECTION-HEADER> COMMISSION. Establishment. There is hereby established a Commission to be known as the Federal Engineering Accountability Commission. Duties. Initial duties. Not later than 60 days after a major disaster, the Commission shall begin an investigation to determine if the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by such disaster, for which the Corps was legally responsible. Interim duties. Not later than 12 months after a major disaster, the Committee shall complete its investigation under paragraph (1). Report. Not later than 15 months after a major disaster, the Commission shall submit a report to the Secretary of the Army and the Secretary of the Department of Homeland Security regarding the findings of its investigation. Membership. The Commission shall be composed of 7 members appointed by the President by and with the consent of the Senate. Qualifications. In appointing individuals to the Commission, the President shall consider for appointment individuals who are experts in the field of civil engineering, water management, flood protection, or in another related area. The appointment of not more than 2 members who have ever worked for the Army Corps of Engineers. No appointment of a current employee of the Army Corps of Engineers or the Department of Homeland Security. Terms of Appointment. Each member shall be appointed for a term of 5 years and terms may be renewed for an unlimited number of additional 5-year terms. Quorum. At least 3 members of the Commission are necessary to conduct an investigation after a major disaster and to make a determination regarding the failure or negligence of the Corps in designing, constructing, or maintaining a project for which it is legally responsible. Travel Expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. Meetings. No later than 60 days after the occurrence of a major disaster, the members shall convene and begin its investigation and may meet as often as the members consider necessary during the 12- month period following the major disaster. Subpoena Power. In general. The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission The attendance of witnesses and the production of evidence may be required from any place within at any designated place of hearing within the United States. Failure to obey a subpoena. If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. Service of subpoenas. The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. Service of process. All process of any Federal court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. Immunity. Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. <SECTION-HEADER> TIME FOR COMMENCING ACTION AGAINST THE CORPS. Every civil action commenced against the Army Corps of Engineers under section 2(a) shall be barred unless the complaint is filed with 18 months after the earlier of the date in which the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible. Or an independent commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. <SECTION-HEADER> NO STANDING. No State or local government shall have standing to bring an action under this Act. No insurance company shall have standing to bring an action under this Act to the extent that such insurance company's claim is founded in indemnity or recovery of claims the company has paid. <SECTION-HEADER> BENEFITS. A court shall not hear evidence or reduce an award made under this Act for any amounts the claimant received from another party for injury or damages sustained in a major disaster proximately caused by the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project, adversely impacted by a major disaster, for which the Corps is legally responsible. <SECTION-HEADER> NO SUBROGATION. An insurance company shall not have the right to seek subrogation for a claim. <SECTION-HEADER> MOTION FOR MANDAMUS. If the Commission fails to meet the deadlines specified in this Act, a claimant may bring a motion to seek mandamus against the Commission. <SECTION-HEADER> DEFINITIONS. For purposes of this Act the following terms apply: The term "Commission" means the Federal Engineering Accountability Commission established under section 3. The term "Corps" means the Army Corps of Engineers. The term "major disaster" has the same meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act .	Federal Engineering Accountability Act of 2006 - Provides that an action may be brought only in federal court for actual, not punitive, damages against the Army Corps of Engineers for its failure or negligence to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Establishes the Federal Engineering Accountability Commission to determine the Corps' failure or negligence after such a disaster and to report to the Secretary of the Army and the Secretary of Homeland Security. Permits such an action for injury, loss of property, personal injury, or death to proceed only if a claimant can demonstrate that: (1) the Corps admitted that it failed or was negligent. Or (2) the Commission determines that the Corps failed or was negligent.	To provide an option to proceed with an action in any Federal court to recover actual damages for physical or property damage in a major disaster that proximately results from the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project for which the Corps is legally responsible.
106_hr1820	SECTION 1. REVISION OF TITLE XII. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``SEC. 12001. FINDINGS. ``The Congress finds the following: ``(1) There are 52,700,000 students in 88,223 elementary and secondary schools across the United States. The current Federal expenditure for education infrastructure is $12,000,000. The Federal expenditure per enrolled student for education infrastructure is 23 cents. An appropriation of $22,000,000,000 would result in a Federal expenditure for education infrastructure of $417 per student per fiscal year. ``(2) The General Accounting Office in 1995 reported that the Nation's elementary and secondary schools need approximately $112,000,000,000 to repair or upgrade facilities. Increased enrollments and continued building decay has raised this need to an estimated $200,000,000,000. Local education agencies, particularly those in central cities or those with high minority populations, cannot obtain adequate financial resources to complete necessary repairs or construction. These local education agencies face an annual struggle to meet their operating budgets. ``(3) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings need to be replaced. Almost one-third of such buildings were built prior to World War II. ``(4) The majority of the schools in unsatisfactory condition are concentrated in central cities and serve large populations of poor or minority students. ``(5) In the large cities of America, numerous schools still have polluting coal burning furnaces. Decaying buildings threaten the health, safety, and learning opportunities of students. A growing body of research has linked student achievement and behavior to the physical building conditions and overcrowding. Asthma and other respiratory illnesses exist in above average rates in areas of coal burning pollution. ``(6) According to a study conducted by the General Accounting Office in 1995, most schools are unprepared in critical areas for the 21st century. Most schools do not fully use modern technology and lack access to the information superhighway. Schools in central cities and schools with minority populations above 50 percent are more likely to fall short of adequate technology elements and have a greater number of unsatisfactory environmental conditions than other schools. ``(7) School facilities such as libraries and science laboratories are inadequate in old buildings and have outdated equipment. Frequently, in overcrowded schools, these same facilities are utilized as classrooms for an expanding school population. ``(8) Overcrowded classrooms have a dire impact on learning. Students in overcrowded schools score lower on both mathematics and reading exams than do students in schools with adequate space. In addition, overcrowding in schools negatively affects both classroom activities and instructional techniques. Overcrowding also disrupts normal operating procedures, such as lunch periods beginning as early as 10 a.m. and extending into the afternoon; teachers being unable to use a single room for an entire day; too few lockers for students, and jammed hallways and restrooms which encourage disorder and rowdy behavior. ``(9) School modernization for information technology is an absolute necessity for education for a coming CyberCivilization. The General Accounting Office has reported that many schools are not using modern technology and many students do not have access to facilities that can support education into the 21st century. It is imperative that we now view computer literacy as basic as reading, writing, and arithmetic. ``(10) Both the national economy and national security require an investment in school construction. Students educated in modern, safe, and well-equipped schools will contribute to the continued strength of the American economy and will ensure that our Armed Forces are the best trained and best prepared in the world. The shortage of qualified information technology workers continues to escalate and presently many foreign workers are being recruited to staff jobs in America. Military manpower shortages of personnel capable of operating high tech equipment are already acute in the Navy and increasing in other branches of the Armed Forces. ``SEC. 12002. PURPOSE. The purpose of this title is to provide Federal funds to enable local educational agencies to finance the costs associated with the construction, repair, and modernization for information technology of school facilities within their jurisdictions. ``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS. ``(a) Authority and Conditions for Grants.-- ``(1) In general.--To assist in the construction, reconstruction, renovation, or modernization for information technology of elementary and secondary schools, the Secretary shall make grants of funds to State educational agencies for the construction, reconstruction, or renovation, or for modernization for information technology, of such schools. ``(2) Formula for allocation.--From the amount appropriated under section 12006 for any fiscal year, the Secretary shall allocate to each State an amount that bears the same ratio to such appropriated amount as the number of school-age children in such State bears to the total number of school-age children in all the States. The Secretary shall determine the number of school-age children on the basis of the most recent satisfactory data available to the Secretary. ``(b) Conditions for Receipt of Grants.-- ``(1) Applications.--In order to receive a grant under this title, a State shall submit to the Secretary an application containing or accompanied by such information and assurances as the Secretary may require. Such applications shall specify the method by which the State educational agency will allocate funds to local educational agencies and the procedures by which projects will be selected for funding. Such applications shall contain assurances that such funds will only be provided if the State educational agency finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction, renovation, or modernization is not or will not be of elaborate or extravagant design or materials. ``(2) Priorities.--In approving projects for funding under this title, the State educational agency shall consider-- ``(A) the threat the condition of the physical plant poses to the safety and well-being of students; ``(B) the demonstrated need for the construction, reconstruction, renovation, or modernization as based on the condition of the facility; ``(C) the age of the facility to be renovated or replaced; and ``(D) the needs related to preparation for modern technology. ``(c) Amount and Condition of Grants.--A grant to a local educational agency may be in an amount not exceeding the total cost of the facility construction, reconstruction, renovation, or modernization for information technology, as determined by the State educational agency. ``SEC. 12004. GENERAL PROVISIONS. ``The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on any project assisted under this part-- ``(1) shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with the Act of March 31, 1931 (Davis-Bacon Act), as amended; and ``(2) shall be employed not more than 40 hours in any 1 week unless the employee receives wages for the employee's employment in excess of the hours specified in paragraph (1) at a rate not less than one and one-half times the regular rate at which the employee is employed; but the Secretary may waive the application of this subsection in cases or classes or cases where laborers or mechanics, not otherwise employed at any time in the construction of such project, voluntarily donate their services without full compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts saved thereby are full credited to the educational institution undertaking the construction. ``SEC. 12005. DEFINITIONS. ``As used in this title: ``(1) School.--The term `school' means structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. ``(2) State.--The term State includes the several States of the United States and the District of Columbia. ``SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title, $22,000,000,000 for fiscal year 2000 and a sum no less than this amount for each of the 4 succeeding fiscal years.''.	Amends title XII of the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, or renovation, or for modernization of information technology for such schools. Sets forth wage requirements for such projects, including Davis- Bacon Act compliance and overtime. But allows exceptions for certain workers who voluntarily donate their services without full compensation. Authorizes appropriations.	To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools.	10,294	532	<SECTION-HEADER> REVISION OF TITLE XII. Title XII of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "Section 12001. FINDINGS. "The Congress finds the following: There are 52,700,000 students in 88,223 elementary and secondary schools across the United States. The current Federal expenditure for education infrastructure is $12,000,000. The Federal expenditure per enrolled student for education infrastructure is 23 cents. An appropriation of $22,000,000,000 would result in a Federal expenditure for education infrastructure of $417 per student per fiscal year. The General Accounting Office in 1995 reported that the Nation's elementary and secondary schools need approximately $112,000,000,000 to repair or upgrade facilities. Increased enrollments and continued building decay has raised this need to an estimated $200,000,000,000. Local education agencies, particularly those in central cities or those with high minority populations, cannot obtain adequate financial resources to complete necessary repairs or construction. These local education agencies face an annual struggle to meet their operating budgets. According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings need to be replaced. Almost one-third of such buildings were built prior to World War II. The majority of the schools in unsatisfactory condition are concentrated in central cities and serve large populations of poor or minority students. In the large cities of America, numerous schools still have polluting coal burning furnaces. Decaying buildings threaten the health, safety, and learning opportunities of students. A growing body of research has linked student achievement and behavior to the physical building conditions and overcrowding. Asthma and other respiratory illnesses exist in above average rates in areas of coal burning pollution. According to a study conducted by the General Accounting Office in 1995, most schools are unprepared in critical areas for the 21st century. Most schools do not fully use modern technology and lack access to the information superhighway. Schools in central cities and schools with minority populations above 50 percent are more likely to fall short of adequate technology elements and have a greater number of unsatisfactory environmental conditions than other schools. School facilities such as libraries and science laboratories are inadequate in old buildings and have outdated equipment. Frequently, in overcrowded schools, these same facilities are utilized as classrooms for an expanding school population. Overcrowded classrooms have a dire impact on learning. Students in overcrowded schools score lower on both mathematics and reading exams than do students in schools with adequate space. In addition, overcrowding in schools negatively affects both classroom activities and instructional techniques. Overcrowding also disrupts normal operating procedures, such as lunch periods beginning as early as 10 a. m. and extending into the afternoon. Teachers being unable to use a single room for an entire day. Too few lockers for students, and jammed hallways and restrooms which encourage disorder and rowdy behavior. School modernization for information technology is an absolute necessity for education for a coming CyberCivilization. The General Accounting Office has reported that many schools are not using modern technology and many students do not have access to facilities that can support education into the 21st century. It is imperative that we now view computer literacy as basic as reading, writing, and arithmetic. Both the national economy and national security require an investment in school construction. Students educated in modern, safe, and well-equipped schools will contribute to the continued strength of the American economy and will ensure that our Armed Forces are the best trained and best prepared in the world. The shortage of qualified information technology workers continues to escalate and presently many foreign workers are being recruited to staff jobs in America. Military manpower shortages of personnel capable of operating high tech equipment are already acute in the Navy and increasing in other branches of the Armed Forces. "Section 12002. PURPOSE. The purpose of this title is to provide Federal funds to enable local educational agencies to finance the costs associated with the construction, repair, and modernization for information technology of school facilities within their jurisdictions. "Section 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS. Authority and Conditions for Grants. In general. To assist in the construction, reconstruction, renovation, or modernization for information technology of elementary and secondary schools, the Secretary shall make grants of funds to State educational agencies for the construction, reconstruction, or renovation, or for modernization for information technology, of such schools. Formula for allocation. From the amount appropriated under section 12006 for any fiscal year, the Secretary shall allocate to each State an amount that bears the same ratio to such appropriated amount as the number of school-age children in such State bears to the total number of school-age children in all the States. The Secretary shall determine the number of school-age children on the basis of the most recent satisfactory data available to the Secretary. Conditions for Receipt of Grants. Applications. In order to receive a grant under this title, a State shall submit to the Secretary an application containing or accompanied by such information and assurances as the Secretary may require. Such applications shall specify the method by which the State educational agency will allocate funds to local educational agencies and the procedures by which projects will be selected for funding. Such applications shall contain assurances that such funds will only be provided if the State educational agency finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction, renovation, or modernization is not or will not be of elaborate or extravagant design or materials. Priorities. In approving projects for funding under this title, the State educational agency shall consider the threat the condition of the physical plant poses to the safety and well-being of students. The demonstrated need for the construction, reconstruction, renovation, or modernization as based on the condition of the facility, the age of the facility to be renovated or replaced. And the needs related to preparation for modern technology. Amount and Condition of Grants. A grant to a local educational agency may be in an amount not exceeding the total cost of the facility construction, reconstruction, renovation, or modernization for information technology, as determined by the State educational agency. "Section 12004. GENERAL PROVISIONS. "The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on any project assisted under this part shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with the Act of March 31, 1931 , as amended. And shall be employed not more than 40 hours in any 1 week unless the employee receives wages for the employee's employment in excess of the hours specified in paragraph (1) at a rate not less than one and one-half times the regular rate at which the employee is employed. But the Secretary may waive the application of this subsection in cases or classes or cases where laborers or mechanics, not otherwise employed at any time in the construction of such project, voluntarily donate their services without full compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts saved thereby are full credited to the educational institution undertaking the construction. "Section 12005. DEFINITIONS. "As used in this title: School. The term `school' means structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. State. The term State includes the several States of the United States and the District of Columbia. "Section 12006. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this title, $22,000,000,000 for fiscal year 2000 and a sum no less than this amount for each of the 4 succeeding fiscal years.".	Amends title XII of the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, or renovation, or for modernization of information technology for such schools. Sets forth wage requirements for such projects, including Davis- Bacon Act compliance and overtime. But allows exceptions for certain workers who voluntarily donate their services without full compensation. Authorizes appropriations.	To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools.
112_s90	SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family-Friendly Employer Award Act''. SEC. 2. DEFINITIONS. In this Act: (1) Employer.--The term ``employer''-- (A) means any person (as defined in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a))) engaged in commerce or in any industry or activity affecting commerce; and (B) includes any agency of a State, or political subdivision thereof. The term does not include the Government of the United States or any agency thereof. (2) Secretary.--The term ``Secretary'' means the Secretary of Defense. SEC. 3. ESTABLISHMENT OF MILITARY FAMILY-FRIENDLY EMPLOYER AWARD. (a) In General.--There is established in the Department of Defense an annual award to be known as the Military Family-Friendly Employer Award (hereafter referred to in this Act as the ``Award'') for employers that have developed and implemented workplace flexibility policies and practices-- (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment, so that the needs of the home may be addressed during and after such deployments; and (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. (b) Plaque.--The Award shall be evidenced by a plaque bearing the title ``Military Family-Friendly Employer Award''. (c) Application.-- (1) In general.--An employer desiring consideration for an Award shall submit an application to the Secretary at such time, in such manner, and containing such information as such Secretary may require. (2) Reapplication.--An employer may reapply for an Award, regardless of whether the employer has been a previous recipient of such Award. (d) Display on Web Site.--The Secretary shall make publically available on its Internet Web site the names of each recipient of the Award. (e) Presentation of Award.--The Secretary (or the Secretary's designee) shall present annually the Award to employers under this section. SEC. 4. MILITARY FAMILY-FRIENDLY SPECIAL TASK FORCE. (a) Establishment.--There is established within the Department of Defense a Military Family-Friendly Special Task Force (hereafter referred to in this Act as the ``Task Force''). (b) Composition.-- (1) In general.--The Task Force shall be composed of 9 members to be appointed as follows: (A) The Secretary shall appoint one individual to serve as the chairperson of the Task Force. (B) The Secretary, in consultation with the Secretary of Labor and based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint-- (i) two members who shall be work-life experts; and (ii) two members who shall be representatives of the general business community. (C) The Secretary, based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint-- (i) two members who shall be experts on the Armed Forces; and (ii) two members who shall be representatives of families with one or more members serving in the Armed Forces. (2) Qualifications.--In appointing members of the Task Force the Secretary shall ensure-- (A) that such members are individuals with knowledge and experience in workplace flexibility policies as such policies relate to services in and support for the Armed Forces; (B) that not more than 2 members appointed under paragraph (1)(B) are from the same political party; and (C) that not more than 2 members appointed under paragraph (1)(C) are from the same political party. (3) Terms.-- (A) In general.--Except as provided under subparagraphs (B) and (C), each member of the Task Force shall be appointed for 2 years and may be reappointed. (B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members of the Task Force first appointed, 4 shall each be appointed for a 1-year term and the remainder shall each be appointed for a 2-year term. (C) Vacancies.--Any member of the Task Force appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (4) Limitation.--The Secretary may not appoint any Member of Congress to the Task Force. (c) Duties.--The Task Force shall-- (1) develop and review military-centered questions for integration into the award model for determining which applicant employers should receive an Award; (2) determine how such questions should be weighed in making Award determinations what threshold should be used as the minimum for making such Awards; (3) review responses to a sample of such questions posed as part of any questionnaire used for purposes of making such Awards; (4) consider private sector award models such as the Malcolm Baldrige National Quality Award or the Alfred P. Sloan Award for Business Excellence in Workplace Flexibility; (5) determine criteria for the delivery of the Award; and (6) carry out any other activities determined appropriate by the Secretary. (d) Operations.-- (1) Meetings.-- (A) In general.--Except for the initial meeting of the Task Force under subparagraph (B), the Task Force shall meet at the call of the chairperson or a majority of its members. (B) Initial meeting.--The Task Force shall conduct its first meeting not later than 90 days after the appointment of all of its members. (2) Voting and rules.--A majority of members of the Task Force shall constitute a quorum to conduct business. The Task Force may establish by majority vote any other rules for the conduct of the business of the Task Force, if such rules are not inconsistent with this section or other applicable law. (3) Compensation and travel.--All members of the Task Force shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Task Force. The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. SEC. 5. REGULATIONS. The Secretary may prescribe regulations to carry out the purposes of this Act.	Military Family-Friendly Employer Award Act - Establishes in the Department of Defense (DOD) an annual award to be known as the Military Family-Friendly Employer Award (Award) for non-federal employers who have developed and implemented workplace flexibility policies and practices: (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment. And (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. Establishes in DOD a Military Family-Friendly Special Task Force to provide specified assistance in the making of such Awards.	A bill to establish the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies to assist the working spouses and caregivers of service members, and returning service members, in addressing family and home needs during deployments.	8,516	691	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Military Family-Friendly Employer Award Act". <SECTION-HEADER> DEFINITIONS. In this Act: Employer. The term "employer" means any person (as defined in section 3(a) of the Fair Labor Standards Act of 1938 (29 USC. 202(a))) engaged in commerce or in any industry or activity affecting commerce. And includes any agency of a State, or political subdivision thereof. The term does not include the Government of the United States or any agency thereof. Secretary. The term "Secretary" means the Secretary of Defense. <SECTION-HEADER> ESTABLISHMENT OF MILITARY FAMILY-FRIENDLY EMPLOYER AWARD. In General. There is established in the Department of Defense an annual award to be known as the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies and practices to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment, so that the needs of the home may be addressed during and after such deployments. And that reflect a deep awareness and commitment in response to the needs of the military family unit. Plaque. The Award shall be evidenced by a plaque bearing the title "Military Family-Friendly Employer Award". Application. In general. An employer desiring consideration for an Award shall submit an application to the Secretary at such time, in such manner, and containing such information as such Secretary may require. Reapplication. An employer may reapply for an Award, regardless of whether the employer has been a previous recipient of such Award. Display on Web Site. The Secretary shall make publically available on its Internet Web site the names of each recipient of the Award. Presentation of Award. The Secretary shall present annually the Award to employers under this section. <SECTION-HEADER> MILITARY FAMILY-FRIENDLY SPECIAL TASK FORCE. Establishment. There is established within the Department of Defense a Military Family-Friendly Special Task Force . Composition. In general. The Task Force shall be composed of 9 members to be appointed as follows: The Secretary shall appoint one individual to serve as the chairperson of the Task Force. The Secretary, in consultation with the Secretary of Labor and based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint two members who shall be work-life experts. And two members who shall be representatives of the general business community. The Secretary, based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint two members who shall be experts on the Armed Forces. And two members who shall be representatives of families with one or more members serving in the Armed Forces. Qualifications. In appointing members of the Task Force the Secretary shall ensure that such members are individuals with knowledge and experience in workplace flexibility policies as such policies relate to services in and support for the Armed Forces. That not more than 2 members appointed under paragraph (1)(B) are from the same political party. And that not more than 2 members appointed under paragraph (1)(C) are from the same political party. Terms. In general. Except as provided under subparagraphs (B) and (C), each member of the Task Force shall be appointed for 2 years and may be reappointed. Terms of initial appointees. As designated by the Secretary at the time of appointment, of the members of the Task Force first appointed, 4 shall each be appointed for a 1-year term and the remainder shall each be appointed for a 2-year term. Vacancies. Any member of the Task Force appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. Limitation. The Secretary may not appoint any Member of Congress to the Task Force. Duties. The Task Force shall develop and review military-centered questions for integration into the award model for determining which applicant employers should receive an Award. Determine how such questions should be weighed in making Award determinations what threshold should be used as the minimum for making such Awards. Review responses to a sample of such questions posed as part of any questionnaire used for purposes of making such Awards. Consider private sector award models such as the Malcolm Baldrige National Quality Award or the Alfred P. Sloan Award for Business Excellence in Workplace Flexibility, determine criteria for the delivery of the Award. And carry out any other activities determined appropriate by the Secretary. Operations. Meetings. In general. Except for the initial meeting of the Task Force under subparagraph (B), the Task Force shall meet at the call of the chairperson or a majority of its members. Initial meeting. The Task Force shall conduct its first meeting not later than 90 days after the appointment of all of its members. Voting and rules. A majority of members of the Task Force shall constitute a quorum to conduct business. The Task Force may establish by majority vote any other rules for the conduct of the business of the Task Force, if such rules are not inconsistent with this section or other applicable law. Compensation and travel. All members of the Task Force shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which such member is engaged in the performance of duties of the Task Force. The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. <SECTION-HEADER> REGULATIONS. The Secretary may prescribe regulations to carry out the purposes of this Act.	Military Family-Friendly Employer Award Act - Establishes in the Department of Defense (DOD) an annual award to be known as the Military Family-Friendly Employer Award (Award) for non-federal employers who have developed and implemented workplace flexibility policies and practices: (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment. And (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. Establishes in DOD a Military Family-Friendly Special Task Force to provide specified assistance in the making of such Awards.	A bill to establish the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies to assist the working spouses and caregivers of service members, and returning service members, in addressing family and home needs during deployments.
112_s3491	SECTION 1. SHORT TITLE. This Act may be cited as the ``Qualifying Renewable Chemical Production Tax Credit Act of 2012''. SEC. 2. CREDIT FOR THE PRODUCTION OF RENEWABLE CHEMICALS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS. ``(a) In General.--For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount (determined separately for each renewable chemical produced by the taxpayer) equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. ``(b) Limitation.--The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). ``(c) Eligible Content.--For purposes of this section-- ``(1) In general.--The term `eligible content' means, with respect to any renewable chemical, the biobased content percentage of the total mass of organic carbon in such chemical. ``(2) Biobased content percentage.--The term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. ``(d) Renewable Chemical.--For purposes of this section-- ``(1) In general.--The term `renewable chemical' means any chemical which-- ``(A) is produced by the taxpayer in the United States (or in a territory or possession of the United States) from renewable biomass, ``(B) is sold, or used, by the taxpayer-- ``(i) for the production of polymers, plastics, or formulated products, or ``(ii) as polymers, plastics, or formulated products, and ``(C) is not sold or used for the production of any food, feed, or fuel. ``(2) Exceptions.--Such term shall not include any chemical if-- ``(A) the biobased content percentage of such chemical is less than 25 percent, ``(B) 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, ``(C) such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or ``(D) such chemical is composed of renewable chemicals that are eligible for a credit under this section. ``(3) Renewable biomass.--The term `renewable biomass' has the meaning given such term in section 9001(12) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(12)). ``(e) Allocation of Credit Amounts.-- ``(1) In general.--Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. ``(2) Limitations.-- ``(A) Aggregate limitation.--The total amount of credits that may be allocated under such program shall not exceed $500,000,000. ``(B) Taxpayer limitation.--The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. ``(3) Selection criteria.--In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration-- ``(A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, ``(B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, ``(C) the technological innovation involved in the production method of the renewable chemical, ``(D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and ``(E) whether there is a reasonable expectation of commercial viability. ``(4) Redistribution.--If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer's return for such taxable year-- ``(A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer's return, and ``(B) such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). ``(5) Disclosure of allocations.--The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. ``(f) Termination.--Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.''. (b) Credit To Be Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renewable chemicals production credit determined under section 45S(a).''. (2) Credit allowable against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for production of renewable chemicals.''. (d) Effective Date.--The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date.	Qualifying Renewable Chemical Production Tax Credit Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. Defines renewable chemical as any chemical that is: (1) produced in the United States from renewable biomass. (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products. And (3) not sold or used for the production of any food, feed, or fuel. Exempts certain chemicals, including those with a biobased content of less than 25. Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year.	A bill to cut taxes for innovative businesses that produce renewable chemicals.	8,305	838	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Qualifying Renewable Chemical Production Tax Credit Act of 2012". <SECTION-HEADER> CREDIT FOR THE PRODUCTION OF RENEWABLE CHEMICALS. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS. In General. For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. Limitation. The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). Eligible Content. For purposes of this section In general. The term `eligible content' means, with respect to any renewable chemical, the biobased content percentage of the total mass of organic carbon in such chemical. Biobased content percentage. The term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. Renewable Chemical. For purposes of this section In general. The term `renewable chemical' means any chemical which is produced by the taxpayer in the United States from renewable biomass, is sold, or used, by the taxpayer for the production of polymers, plastics, or formulated products, or as polymers, plastics, or formulated products, and is not sold or used for the production of any food, feed, or fuel. Exceptions. Such term shall not include any chemical if the biobased content percentage of such chemical is less than 25 percent, 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or such chemical is composed of renewable chemicals that are eligible for a credit under this section. Renewable biomass. The term `renewable biomass' has the meaning given such term in section 9001(12) of the Farm Security and Rural Investment Act of 2002 (7 USC. 8101(12)). Allocation of Credit Amounts. In general. Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. Limitations. Aggregate limitation. The total amount of credits that may be allocated under such program shall not exceed $500,000,000. Taxpayer limitation. The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. Selection criteria. In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration the number of jobs created and maintained in the United States as result of such allocation during the credit period and thereafter, the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, the technological innovation involved in the production method of the renewable chemical, the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and whether there is a reasonable expectation of commercial viability. Redistribution. If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer's return for such taxable year the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer's return, and such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). Disclosure of allocations. The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. Termination. Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.". Credit To Be Part of General Business Credit. In general. Subsection (b) of section 38 of such Code is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ", plus", and by adding at the end the following new paragraph: the renewable chemicals production credit determined under section 45S(a).". Credit allowable against alternative minimum tax. Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: the credit determined under section 45S,". Clerical Amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Section 45S. Credit for production of renewable chemicals.". Effective Date. The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date.	Qualifying Renewable Chemical Production Tax Credit Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. Defines renewable chemical as any chemical that is: (1) produced in the United States from renewable biomass. (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products. And (3) not sold or used for the production of any food, feed, or fuel. Exempts certain chemicals, including those with a biobased content of less than 25. Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year.	A bill to cut taxes for innovative businesses that produce renewable chemicals.
104_s170	SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome Prevention Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Fetal Alcohol Syndrome is the leading known cause of mental retardation, and it is 100 percent preventable; (2) each year, more than 5,000 infants are born in the United States with Fetal Alcohol Syndrome, suffering irreversible physical and mental damage; (3) thousands more infants are born each year with Fetal Alcohol Effects, which are lesser, though still serious, alcohol-related birth defects; (4) Fetal Alcohol Syndrome and Fetal Alcohol Effects are national problems which can impact any child, family, or community, but their threat to American Indians and Alaska Natives is especially alarming; (5) in some American Indian communities, where alcohol dependency rates reach 50 percent and above, the chances of a newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effects are 30 times greater than national averages; (6) in addition to the immeasurable toll on children and their families, Fetal Alcohol Syndrome and Fetal Alcohol Effects pose extraordinary financial costs to the Nation, including the costs of health care, education, foster care, job training, and general support services for affected individuals; (7) as a reliable comparison, delivery and care costs are four times greater for infants who were exposed to illicit substances than for infants with no indication of substance exposure, and over a lifetime, health care costs for one Fetal Alcohol Syndrome child are estimated to be at least $1,400,000; (8) researchers have determined that the possibility of giving birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effects increases in proportion to the amount and frequency of alcohol consumed by a pregnant woman, and that stopping alcohol consumption at any point in the pregnancy reduces the risks and the emotional, physical, and mental consequences of alcohol exposure to the baby; and (9) we know of no safe dose of alcohol during pregnancy, or of any safe time to drink during pregnancy, thus, it is in the best interest of the Nation for the Federal Government to take an active role in encouraging all women to abstain from alcohol consumption during pregnancy. SEC. 3. PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such program shall-- (1) coordinate, support, and conduct basic and applied epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; (2) coordinate, support, and conduct national, State, and community-based public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects; and (3) foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. SEC. 4. ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end thereof the following new part: ``PART O--FETAL ALCOHOL SYNDROME PREVENTION PROGRAM ``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION PROGRAM. ``(a) Fetal Alcohol Syndrome Prevention Program.--The Secretary shall establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program that shall include-- ``(1) an education and public awareness program to-- ``(A) support, conduct, and evaluate the effectiveness of-- ``(i) training programs concerning the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(ii) prevention and education programs, including school health education and school- based clinic programs for school-age children, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(iii) public and community awareness programs concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(B) provide technical and consultative assistance to States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations concerning the programs referred to in subparagraph (A); and ``(C) award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of-- ``(i) evaluating the effectiveness, with particular emphasis on the cultural competency and age-appropriateness, of programs referred to in subparagraph (A); ``(ii) providing training in the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(iii) educating school-age children, including pregnant and high-risk youth, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, with priority given to programs that are part of a sequential, comprehensive school health education program; and ``(iv) increasing public and community awareness concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects through culturally competent projects, programs, and campaigns, and improving the understanding of the general public and targeted groups concerning the most effective intervention methods to prevent fetal exposure to alcohol; ``(2) an applied epidemiologic research and prevention program to-- ``(A) support and conduct research on the causes, mechanisms, diagnostic methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(B) provide technical and consultative assistance and training to States, Tribal governments, local governments, scientific and academic institutions, and nonprofit organizations engaged in the conduct of-- ``(i) Fetal Alcohol Syndrome prevention and early intervention programs; and ``(ii) research relating to the causes, mechanisms, diagnosis methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(C) award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of-- ``(i) conducting innovative demonstration and evaluation projects designed to determine effective strategies, including community-based prevention programs and multicultural education campaigns, for preventing and intervening in fetal exposure to alcohol; ``(ii) improving and coordinating the surveillance and ongoing assessment methods implemented by such entities and the Federal Government with respect to Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(iii) developing and evaluating effective age-appropriate and culturally competent prevention programs for children, adolescents, and adults identified as being at-risk of becoming chemically dependent on alcohol and associated with or developing Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(iv) facilitating coordination and collaboration among Federal, State, local government, Indian tribal, and community-based Fetal Alcohol Syndrome prevention programs; ``(3) a basic research program to support and conduct basic research on services and effective prevention treatments and interventions for pregnant alcohol-dependent women and individuals with Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(4) a procedure for disseminating the Fetal Alcohol Syndrome and Fetal Alcohol Effects diagnostic criteria developed pursuant to section 705 of the ADAMHA Reorganization Act (42 U.S.C. 485n note) to health care providers, educators, social workers, child welfare workers, and other individuals; and ``(5) the establishment, in accordance with subsection (b), of an interagency task force on Fetal Alcohol Syndrome and Fetal Alcohol Effects to foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance, and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. ``(b) Interagency Task Force.-- ``(1) Membership.--The Task Force established pursuant to paragraph (5) of subsection (a) shall-- ``(A) be chaired by the Secretary or a designee of the Secretary, and staffed by the Administration; and ``(B) include representatives from all relevant agencies and offices within the Department of Health and Human Services, the Department of Agriculture, the Department of Education, the Department of Defense, the Department of the Interior, the Department of Justice, the Department of Veterans Affairs, the Bureau of Alcohol, Tobacco and Firearms, the Federal Trade Commission, and any other relevant Federal agency. ``(2) Functions.--The Task Force shall-- ``(A) coordinate all Federal programs and research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, including programs that-- ``(i) target individuals, families, and populations identified as being at risk of acquiring Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(ii) provide health, education, treatment, and social services to infants, children, and adults with Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(B) coordinate its efforts with existing Department of Health and Human Services task forces on substance abuse prevention and maternal and child health; and ``(C) report on a biennial basis to the Secretary and relevant committees of Congress on the current and planned activities of the participating agencies. ``SEC. 399H. ELIGIBILITY. ``To be eligible to receive a grant, or enter into a cooperative agreement or contract under this part, an entity shall-- ``(1) be a State, Indian tribal government, local government, scientific or academic institution, or nonprofit organization; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe, including a description of the activities that the entity intends to carry out using amounts received under this part. ``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part, such sums as are necessary for each of the fiscal years 1995 through 1998.''.	Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education. Authorizes appropriations.	Comprehensive Fetal Alcohol Syndrome Prevention Act	13,944	625	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Comprehensive Fetal Alcohol Syndrome Prevention Act". <SECTION-HEADER> FINDINGS. Congress finds that Fetal Alcohol Syndrome is the leading known cause of mental retardation, and it is 100 percent preventable. Each year, more than 5,000 infants are born in the United States with Fetal Alcohol Syndrome, suffering irreversible physical and mental damage. Thousands more infants are born each year with Fetal Alcohol Effects, which are lesser, though still serious, alcohol-related birth defects. Fetal Alcohol Syndrome and Fetal Alcohol Effects are national problems which can impact any child, family, or community, but their threat to American Indians and Alaska Natives is especially alarming. In some American Indian communities, where alcohol dependency rates reach 50 percent and above, the chances of a newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effects are 30 times greater than national averages. In addition to the immeasurable toll on children and their families, Fetal Alcohol Syndrome and Fetal Alcohol Effects pose extraordinary financial costs to the Nation, including the costs of health care, education, foster care, job training, and general support services for affected individuals. As a reliable comparison, delivery and care costs are four times greater for infants who were exposed to illicit substances than for infants with no indication of substance exposure, and over a lifetime, health care costs for one Fetal Alcohol Syndrome child are estimated to be at least $1,400,000. Researchers have determined that the possibility of giving birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effects increases in proportion to the amount and frequency of alcohol consumed by a pregnant woman, and that stopping alcohol consumption at any point in the pregnancy reduces the risks and the emotional, physical, and mental consequences of alcohol exposure to the baby. And we know of no safe dose of alcohol during pregnancy, or of any safe time to drink during pregnancy, thus, it is in the best interest of the Nation for the Federal Government to take an active role in encouraging all women to abstain from alcohol consumption during pregnancy. <SECTION-HEADER> PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such program shall coordinate, support, and conduct basic and applied epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects. Coordinate, support, and conduct national, State, and community-based public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects. And foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. <SECTION-HEADER> ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act is amended by adding at the end thereof the following new part: "PART O FETAL ALCOHOL SYNDROME PREVENTION PROGRAM "Section 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION PROGRAM. Fetal Alcohol Syndrome Prevention Program. The Secretary shall establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program that shall include an education and public awareness program to support, conduct, and evaluate the effectiveness of training programs concerning the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Prevention and education programs, including school health education and school- based clinic programs for school-age children, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects. And public and community awareness programs concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provide technical and consultative assistance to States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations concerning the programs referred to in subparagraph (A). And award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of evaluating the effectiveness, with particular emphasis on the cultural competency and age-appropriateness, of programs referred to in subparagraph (A). Providing training in the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Educating school-age children, including pregnant and high-risk youth, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, with priority given to programs that are part of a sequential, comprehensive school health education program. And increasing public and community awareness concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects through culturally competent projects, programs, and campaigns, and improving the understanding of the general public and targeted groups concerning the most effective intervention methods to prevent fetal exposure to alcohol. An applied epidemiologic research and prevention program to support and conduct research on the causes, mechanisms, diagnostic methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provide technical and consultative assistance and training to States, Tribal governments, local governments, scientific and academic institutions, and nonprofit organizations engaged in the conduct of Fetal Alcohol Syndrome prevention and early intervention programs. And research relating to the causes, mechanisms, diagnosis methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects. And award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of conducting innovative demonstration and evaluation projects designed to determine effective strategies, including community-based prevention programs and multicultural education campaigns, for preventing and intervening in fetal exposure to alcohol. Improving and coordinating the surveillance and ongoing assessment methods implemented by such entities and the Federal Government with respect to Fetal Alcohol Syndrome and Fetal Alcohol Effects. Developing and evaluating effective age-appropriate and culturally competent prevention programs for children, adolescents, and adults identified as being at-risk of becoming chemically dependent on alcohol and associated with or developing Fetal Alcohol Syndrome and Fetal Alcohol Effects. And facilitating coordination and collaboration among Federal, State, local government, Indian tribal, and community-based Fetal Alcohol Syndrome prevention programs. A basic research program to support and conduct basic research on services and effective prevention treatments and interventions for pregnant alcohol-dependent women and individuals with Fetal Alcohol Syndrome and Fetal Alcohol Effects. A procedure for disseminating the Fetal Alcohol Syndrome and Fetal Alcohol Effects diagnostic criteria developed pursuant to section 705 of the ADAMHA Reorganization Act to health care providers, educators, social workers, child welfare workers, and other individuals. And the establishment, in accordance with subsection (b), of an interagency task force on Fetal Alcohol Syndrome and Fetal Alcohol Effects to foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance, and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. Interagency Task Force. Membership. The Task Force established pursuant to paragraph (5) of subsection (a) shall be chaired by the Secretary or a designee of the Secretary, and staffed by the Administration. And include representatives from all relevant agencies and offices within the Department of Health and Human Services, the Department of Agriculture, the Department of Education, the Department of Defense, the Department of the Interior, the Department of Justice, the Department of Veterans Affairs, the Bureau of Alcohol, Tobacco and Firearms, the Federal Trade Commission, and any other relevant Federal agency. Functions. The Task Force shall coordinate all Federal programs and research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, including programs that target individuals, families, and populations identified as being at risk of acquiring Fetal Alcohol Syndrome and Fetal Alcohol Effects. And provide health, education, treatment, and social services to infants, children, and adults with Fetal Alcohol Syndrome and Fetal Alcohol Effects. Coordinate its efforts with existing Department of Health and Human Services task forces on substance abuse prevention and maternal and child health. And report on a biennial basis to the Secretary and relevant committees of Congress on the current and planned activities of the participating agencies. "Section 399H. ELIGIBILITY. "To be eligible to receive a grant, or enter into a cooperative agreement or contract under this part, an entity shall be a State, Indian tribal government, local government, scientific or academic institution, or nonprofit organization. And prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe, including a description of the activities that the entity intends to carry out using amounts received under this part. "Section 399I. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this part, such sums as are necessary for each of the fiscal years 1995 through 1998.".	Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education. Authorizes appropriations.	Comprehensive Fetal Alcohol Syndrome Prevention Act
112_hr6258	SECTION 1. SHORT TITLE. This Act may be cited as the ``Start Healthy Act of 2012''. SEC. 2. MEDICAID ASSISTANCE FOR UNINSURED NEWBORNS. (a) Mandatory Coverage of Certain Newborns.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended-- (1) by striking ``or'' at the end of subclause (VIII); (2) by adding ``or'' at the end of subclause (IX); and (3) by adding at the end the following: ``(X) who are qualified newborns (as defined in subsection (e)(16)(A));''. (b) Deemed Eligibility for Newborns.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: ``(16) Deemed eligibility for qualified newborns.-- ``(A) Qualified newborn defined.--For purposes of this section, the term `qualified newborn' means a child who-- ``(i) is born in the United States; ``(ii) is under 1 year of age; ``(iii) is not a child who is deemed eligible under paragraph (4); and ``(iv) for periods-- ``(I) before January 1, 2014, is not eligible for creditable coverage under section 2701(c) of the Public Health Service Act (42 U.S.C. 300gg(c)), as in effect before January 1, 2014, but applied without regard to subparagraphs (D) and (F) of paragraph (1) of such section; or ``(II) on or after such date, is not eligible for minimum essential coverage, as defined in section 5000A(f)(1) of the Internal Revenue Code of 1986, but applied without regard to subparagraph (A)(ii) of such section. ``(B) Deemed eligibility.--Subject to subparagraph (C), a child that a State reasonably believes is a qualified newborn (and thus eligible for medical assistance under subsection (a)(10)(A)(i)(X)) on the date of such child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance until such child is one year of age, unless a State determines that a child is not eligible for such medical assistance through a redetermination under subparagraph (D). ``(C) Exception for other coverage.-- ``(i) In general.--If, during the period of eligibility under subparagraph (A), the State determines that the child is enrolled in a type of coverage described in subparagraph (A)(iv), the State may terminate medical assistance for such child under subsection (a)(10)(A)(i)(X). ``(ii) Limitation.--A State that determines that a child is eligible for such coverage, but not enrolled in such coverage, may not terminate such medical assistance for such child until such child is enrolled in such coverage. ``(D) Redeterminations of eligibility.-- ``(i) In general.--Subject to clause (ii) and subparagraph (C)(ii), the State shall redetermine a child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) not later than 180 days after the date of the child's birth. ``(ii) Limitation.--If an application is required for a redetermination under clause (i), and such application is not received by the State, and the State reasonably believes that the child for which such application was required continues to be a qualified newborn, the State may not discontinue such child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) on the basis of such missing application. ``(iii) Reduced fmap for failure to do timely determination.--The increased Federal medical assistance percentage provided under the third sentence of section 1905(b) with respect to individuals eligible for medical assistance under section 1902(a)(10)(A)(i)(X) shall not apply with respect to a child, beginning 180 days after the date of the child's birth, for whom a determination is not made on a timely basis under clause (i), unless the limitation under clause (ii) applies to such child.''. (c) 100 Percent Matching Rate for Temporary Coverage of Certain Newborns.-- (1) In general.--The third sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by inserting before the period at the end the following: ``and, subject to section 1902(e)(16)(E)(iii), for medical assistance for individuals in one of the 50 States or the District of Columbia eligible for such assistance under section 1902(a)(10)(A)(i)(X)''. (2) Application to territories.--Section 1108(g)(4) of such Act (42 U.S.C. 1308(g)(4)) is amended by adding at the end the following: ``Payment for medical assistance for an individual eligible for assistance under section 1902(a)(10)(A)(i)(X) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and (4) of this subsection).'' (d) Conforming Amendment.--Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(i)(X),'' after ``1902(a)(10)(A)(i)(VIII),''. (e) Technical Amendments.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by redesignating the paragraph (14) relating to exclusion of compensation for participation in a clinical trial for testing of treatments for a rare disease or condition, as added by section 3 of the Improving Access to Clinical Trials Act of 2009, as paragraph (15). Such redesignation shall not be construed to affect the application of section (3)(e) of the Improving Access to Clinical Trials Act of 2009 to such paragraph. (f) Effective Date.-- (1) In general.--The amendments made by this section shall apply to individuals born on or after the day that is 6 months after the date of the enactment of this Act. (2) Delay permitted for state plan amendment.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.	Start Healthy Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to provide: (1) mandatory coverage of qualified (uninsured) newborns, and (2) 100 federal medical assistance percentage (FMAP) for temporary coverage of such newborns.	To amend title XIX of the Social Security Act to provide medical assistance to uninsured newborns under the Medicaid program.	8,869	250	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Start Healthy Act of 2012". <SECTION-HEADER> MEDICAID ASSISTANCE FOR UNINSURED NEWBORNS. Mandatory Coverage of Certain Newborns. Section 1902(a)(10)(A)(i) of the Social Security Act (42 USC. 1396a(a)(10)(A)(i)) is amended by striking "or" at the end of subclause (VIII), by adding "or" at the end of subclause (IX). And by adding at the end the following: who are qualified newborns (as defined in subsection (16)(A)). ". Deemed Eligibility for Newborns. Section 1902(e) of such Act (42 USC. 1396a(e)) is amended by adding at the end the following: Deemed eligibility for qualified newborns. Qualified newborn defined. For purposes of this section, the term `qualified newborn' means a child who is born in the United States, is under 1 year of age. Is not a child who is deemed eligible under paragraph (4). And for periods before January 1, 2014, is not eligible for creditable coverage under section 2701(c) of the Public Health Service Act (42 USC. 300gg(c)), as in effect before January 1, 2014, but applied without regard to subparagraphs (D) and (F) of paragraph of such section. Or on or after such date, is not eligible for minimum essential coverage, as defined in section 5000A(f)(1) of the Internal Revenue Code of 1986, but applied without regard to subparagraph (A)(ii) of such section. Deemed eligibility. Subject to subparagraph , a child that a State reasonably believes is a qualified newborn (and thus eligible for medical assistance under subsection (a)(10)(A)(i)(X)) on the date of such child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance until such child is one year of age, unless a State determines that a child is not eligible for such medical assistance through a redetermination under subparagraph (D). Exception for other coverage. In general. If, during the period of eligibility under subparagraph (A), the State determines that the child is enrolled in a type of coverage described in subparagraph (A)(iv), the State may terminate medical assistance for such child under subsection (a)(10)(A)(i)(X). Limitation. A State that determines that a child is eligible for such coverage, but not enrolled in such coverage, may not terminate such medical assistance for such child until such child is enrolled in such coverage. Redeterminations of eligibility. In general. Subject to clause (ii) and subparagraph (C)(ii), the State shall redetermine a child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) not later than 180 days after the date of the child's birth. Limitation. If an application is required for a redetermination under clause , and such application is not received by the State, and the State reasonably believes that the child for which such application was required continues to be a qualified newborn, the State may not discontinue such child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) on the basis of such missing application. Reduced fmap for failure to do timely determination. The increased Federal medical assistance percentage provided under the third sentence of section 1905(b) with respect to individuals eligible for medical assistance under section 1902(a)(10)(A)(i)(X) shall not apply with respect to a child, beginning 180 days after the date of the child's birth, for whom a determination is not made on a timely basis under clause (i), unless the limitation under clause (ii) applies to such child.". 100 Percent Matching Rate for Temporary Coverage of Certain Newborns. In general. The third sentence of section 1905(b) of such Act (42 USC. 1396d(b)) is amended by inserting before the period at the end the following: "and, subject to section 1902(e)(16)(E)(iii), for medical assistance for individuals in one of the 50 States or the District of Columbia eligible for such assistance under section 1902(a)(10)(A)(i)(X)". Application to territories. Section 1108(g)(4) of such Act (42 USC. 1308(g)(4)) is amended by adding at the end the following: "Payment for medical assistance for an individual eligible for assistance under section 1902(a)(10)(A)(i)(X) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and ." Conforming Amendment. Section 1903(f)(4) of such Act (42 USC. 1396b(f)(4)) is amended by inserting "1902(a)(10)(A)(i)(X)," after "1902(a)(10)(A)(i)(VIII),". Technical Amendments. Section 1902(e) of such Act (42 USC. 1396a(e)) is amended by redesignating the paragraph (14) relating to exclusion of compensation for participation in a clinical trial for testing of treatments for a rare disease or condition, as added by section 3 of the Improving Access to Clinical Trials Act of 2009, as paragraph (15). Such redesignation shall not be construed to affect the application of section (3)(e) of the Improving Access to Clinical Trials Act of 2009 to such paragraph. Effective Date. In general. The amendments made by this section shall apply to individuals born on or after the day that is 6 months after the date of the enactment of this Act. Delay permitted for state plan amendment. In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.	Start Healthy Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to provide: (1) mandatory coverage of qualified (uninsured) newborns, and (2) 100 federal medical assistance percentage (FMAP) for temporary coverage of such newborns.	To amend title XIX of the Social Security Act to provide medical assistance to uninsured newborns under the Medicaid program.
105_hr3186	SECTION 1. SHORT TITLE. This Act may be cited as the ``Rogue River National Forest Interchange Act of 1998''. SEC. 2. LAND TRANSFERS INVOLVING PUBLIC DOMAIN LANDS AND NATIONAL FOREST SYSTEM LANDS IN THE STATE OF OREGON. (a) Transfer From Public Domain to National Forest.-- (1) Land transfer.--The public domain lands depicted on the map entitled ``__________'' and dated __________, consisting of approximately 2,058.35 acres within the external boundaries of the Rogue River National Forest in the State of Oregon (in this section referred to as the ``National Forest'') are hereby added to and made a part of the National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the public domain lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest. (b) Transfer From National Forest to Public Domain.-- (1) Land transfer.--The Federal lands depicted on the map entitled ``__________'' and dated __________, consisting of approximately 1,555.15 acres within the external boundaries of the National Forest, are hereby transferred to unreserved public domain status, and the reservation of such lands as part of the National Forest is hereby revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the laws, rules, and regulations applicable to unreserved public domain lands. (c) Restoration of Status of Certain National Forest Lands as Revested Railroad Grant Lands.-- (1) Restoration of earlier status.--The Federal lands depicted on the map enti- tled ``__________'' and dated __________, consisting of approximately 4,298.00 acres within the external boundaries of the National Forest, are hereby restored to the status of revested Oregon and California railroad grant lands, and the reservation of such lands as part of the National Forest is hereby revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), and other laws, rules, and regulations applicable to revested Oregon and California railroad grant lands under the administrative jurisdiction of the Secretary of the Interior. (d) Addition of Certain Revested Railroad Grant Lands to National Forest.-- (1) Land transfer.--The revested Oregon and California railroad grant lands depicted on the map entitled ``__________'' and dated __________, consisting of approximately 959.67 acres within the external boundaries of the National Forest, are hereby added to and made a part of the National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest; except that, with respect to the management of timber resources on such lands and the disposition of revenues derived from such lands and resources on such lands, the Secretary of Agriculture shall manage such lands under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (e) Miscellaneous Requirements.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall revise the public land records relating to the lands transferred under this section to reflect the administrative, boundary, and other changes made by this section. The Secretaries shall publish in the Federal Register appropriate notice to the public of the changes in administrative jurisdiction made by this section with regard to lands described in this section.	Rogue River National Forest Interchange Act of 1998 - Provides for the transfer of specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest and others from the National Forest to public domain status. Restores the status of certain revested Oregon and California railroad grant lands and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such Forest.	Rogue River National Forest Interchange Act of 1998	5,011	481	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rogue River National Forest Interchange Act of 1998". <SECTION-HEADER> LAND TRANSFERS INVOLVING PUBLIC DOMAIN LANDS AND NATIONAL FOREST SYSTEM LANDS IN THE STATE OF OREGON. Transfer From Public Domain to National Forest. Land transfer. The public domain lands depicted on the map entitled "" and dated , consisting of approximately 2,058.35 acres within the external boundaries of the Rogue River National Forest in the State of Oregon are hereby added to and made a part of the National Forest. Administrative jurisdiction. Administrative jurisdiction over the public domain lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest. Transfer From National Forest to Public Domain. Land transfer. The Federal lands depicted on the map entitled "" and dated , consisting of approximately 1,555.15 acres within the external boundaries of the National Forest, are hereby transferred to unreserved public domain status, and the reservation of such lands as part of the National Forest is hereby revoked. Administrative jurisdiction. Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the laws, rules, and regulations applicable to unreserved public domain lands. Restoration of Status of Certain National Forest Lands as Revested Railroad Grant Lands. Restoration of earlier status. The Federal lands depicted on the map enti- tled "" and dated , consisting of approximately 4,298.00 acres within the external boundaries of the National Forest, are hereby restored to the status of revested Oregon and California railroad grant lands, and the reservation of such lands as part of the National Forest is hereby revoked. Administrative jurisdiction. Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the Act of August 28, 1937 , and other laws, rules, and regulations applicable to revested Oregon and California railroad grant lands under the administrative jurisdiction of the Secretary of the Interior. Addition of Certain Revested Railroad Grant Lands to National Forest. Land transfer. The revested Oregon and California railroad grant lands depicted on the map entitled "" and dated , consisting of approximately 959.67 acres within the external boundaries of the National Forest, are hereby added to and made a part of the National Forest. Administrative jurisdiction. Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest. Except that, with respect to the management of timber resources on such lands and the disposition of revenues derived from such lands and resources on such lands, the Secretary of Agriculture shall manage such lands under the Act of August 28, 1937 . Miscellaneous Requirements. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall revise the public land records relating to the lands transferred under this section to reflect the administrative, boundary, and other changes made by this section. The Secretaries shall publish in the Federal Register appropriate notice to the public of the changes in administrative jurisdiction made by this section with regard to lands described in this section.	Rogue River National Forest Interchange Act of 1998 - Provides for the transfer of specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest and others from the National Forest to public domain status. Restores the status of certain revested Oregon and California railroad grant lands and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such Forest.	Rogue River National Forest Interchange Act of 1998
109_hr6401	SECTION 1. LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTINENTAL SHELF. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Royalty Suspension Provisions.-- ``(1) In general.--Subject to paragraphs (2) through (4), the Secretary shall agree to a request by any lessee to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions in the amount of $34.73 per barrel (2005 dollars) for oil and for natural gas of $4.34 per million Btu (2005 dollars). ``(2) Adjustment.--The oil and natural gas price thresholds established under paragraph (1) shall be adjusted during any calendar year after 2005 by the percentage, if any, by which the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce changed during the preceding calendar year. ``(3) New royalty suspension volumes.--After the date of enactment of this subsection, price thresholds shall apply to any royalty suspension volumes granted by the Secretary. ``(4) Effective date.--Any amended lease shall impose the new price thresholds effective beginning October 1, 2006. ``(r) Conservation of Resources Fees.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish, by regulation, a conservation of resources fee for producing leases that will apply to new and existing leases which shall be established at $9 per barrel for oil and $1.25 per million Btu for gas (2006 dollars). ``(2) Covered areas.--The fee shall only apply to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed $34.73 per barrel for oil and $4.34 per million Btu for natural gas (2005 dollars). ``(3) Effective date.--A fee imposed under this subsection shall apply to production that occurs on or after October 1, 2006.''. SEC. 2. COASTAL IMPACT ASSISTANCE PROGRAM. Section 31(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``The'' and inserting the following: ``(A) Fiscal years 2007 through 2010.--The''; and (B) by adding at the end the following: ``(B) Certain royalty revenues.--Notwithstanding section 9, of the amount of any royalty revenues payable to the United States from any lease issued with deep water royalty relief as the result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, the Secretary of the Treasury shall deposit-- ``(i) the amount of the royalty revenues in a special account in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for each of fiscal years 2007 through 2016, for disbursement to Gulf producing States and coastal political subdivisions in accordance with this section, except that the amount made available under this clause shall not exceed a total of $5,450,000,000; and ``(ii) any remainder of the royalty revenues in the general fund of the Treasury, to be used for deficit reduction.''; and (2) in paragraph (3)(B)-- (A) in clause (i), by striking ``and'' after the semicolon at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2011 through 2016 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2010.''. SEC. 3. SENSE OF THE CONGRESS TO BUY AND BUILD AMERICAN. (a) Buy and Build American.--It is the intention of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America's workforce to assist in the development of affordable energy from the Outer Continental Shelf. Moreover, the Congress intends to monitor the deployment of personnel and material in the Outer Continental Shelf to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Safeguard for Extraordinary Ability.--Section 30(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding paragraph (1) by striking ``regulations which'' and inserting ``regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4(a)(1) of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that''.	Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to agree to any lessee request to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held between January 1, 1998, and December 31, 1999, to incorporate price thresholds applicable to certain royalty suspension provisions in the amount of $34.73 per barrel for oil and of $4.34 per million Btu for natural gas, adjusted for changes in the implicit price deflator. Directs the Secretary to establish a conservation of resources fee for producing leases at $9 per barrel for oil and $1.25 per million Btu for gas . Applies such fee only to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed specified amounts per barrel. Instructs the Secretary of the Treasury to deposit the royalty revenues in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for FY2007-FY2016, for disbursement to Gulf producing states and coastal political subdivisions. Expresses the intent of Congress: (1) that this Act result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing America's workforce in the development of affordable energy from the OCS. And (2) to OCS monitor deployment of personnel and material to encourage development of American technology and manufacturing, as well as the establishment of important industrial facilities to support expanded access to American resources.	To promote the fair production of oil and gas on the Outer Continental Shelf.	6,401	1,538	<SECTION-HEADER> LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTINENTAL SHELF. Section 8 of the Outer Continental Shelf Lands Act is amended by adding at the end the following: Royalty Suspension Provisions. In general. Subject to paragraphs (2) through (4), the Secretary shall agree to a request by any lessee to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions in the amount of $34.73 per barrel for oil and for natural gas of $4.34 per million Btu . Adjustment. The oil and natural gas price thresholds established under paragraph (1) shall be adjusted during any calendar year after 2005 by the percentage, if any, by which the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce changed during the preceding calendar year. New royalty suspension volumes. After the date of enactment of this subsection, price thresholds shall apply to any royalty suspension volumes granted by the Secretary. Effective date. Any amended lease shall impose the new price thresholds effective beginning October 1, 2006. Conservation of Resources Fees. In general. Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish, by regulation, a conservation of resources fee for producing leases that will apply to new and existing leases which shall be established at $9 per barrel for oil and $1.25 per million Btu for gas . Covered areas. The fee shall only apply to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed $34.73 per barrel for oil and $4.34 per million Btu for natural gas . Effective date. A fee imposed under this subsection shall apply to production that occurs on or after October 1, 2006.". <SECTION-HEADER> COASTAL IMPACT ASSISTANCE PROGRAM. Section 31(b) of the Outer Continental Shelf Lands Act (43 USC. 1356a(b)) is amended in paragraph (1) by striking "The" and inserting the following: Fiscal years 2007 through 2010. The". And by adding at the end the following: Certain royalty revenues. Notwithstanding section 9, of the amount of any royalty revenues payable to the United States from any lease issued with deep water royalty relief as the result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, the Secretary of the Treasury shall deposit the amount of the royalty revenues in a special account in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for each of fiscal years 2007 through 2016, for disbursement to Gulf producing States and coastal political subdivisions in accordance with this section, except that the amount made available under this clause shall not exceed a total of $5,450,000,000. And any remainder of the royalty revenues in the general fund of the Treasury, to be used for deficit reduction.". And in paragraph (3)(B) in clause (i), by striking "and" after the semicolon at the end. In clause (ii), by striking the period at the end and inserting ", and". And by adding at the end the following: the amount of qualified outer Continental Shelf revenues for each of fiscal years 2011 through 2016 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2010.". <SECTION-HEADER> SENSE OF THE CONGRESS TO BUY AND BUILD AMERICAN. Buy and Build American. It is the intention of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America's workforce to assist in the development of affordable energy from the Outer Continental Shelf. Moreover, the Congress intends to monitor the deployment of personnel and material in the Outer Continental Shelf to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. Safeguard for Extraordinary Ability. Section 30(a) of the Outer Continental Shelf Lands Act (43 USC. 1356(a)) is amended in the matter preceding paragraph (1) by striking "regulations which" and inserting "regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4(a)(1) of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that".	Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to agree to any lessee request to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held between January 1, 1998, and December 31, 1999, to incorporate price thresholds applicable to certain royalty suspension provisions in the amount of $34.73 per barrel for oil and of $4.34 per million Btu for natural gas, adjusted for changes in the implicit price deflator. Directs the Secretary to establish a conservation of resources fee for producing leases at $9 per barrel for oil and $1.25 per million Btu for gas . Applies such fee only to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed specified amounts per barrel. Instructs the Secretary of the Treasury to deposit the royalty revenues in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for FY2007-FY2016, for disbursement to Gulf producing states and coastal political subdivisions. Expresses the intent of Congress: (1) that this Act result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing America's workforce in the development of affordable energy from the OCS. And (2) to OCS monitor deployment of personnel and material to encourage development of American technology and manufacturing, as well as the establishment of important industrial facilities to support expanded access to American resources.	To promote the fair production of oil and gas on the Outer Continental Shelf.
105_hr1300	SECTION 1. SHORT TITLE. This Act may be cited as the ``Base Closure Reuse Reform Act of 1997''. SEC. 2. REFORM OF PROPERTY DISPOSAL REQUIREMENTS UNDER BASE CLOSURE LAWS TO PROMOTE ECONOMIC DEVELOPMENT AND PROTECT CLOSING INSTALLATIONS. (a) Applicability of Excess Profits Clause.-- (1) 1990 Law.--Section 2905(b)(2)(A)(i) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by inserting before the semicolon the following: ``, except that provisions of such Act (and regulations under such Act) intended to prevent excess profits arising from the receipt of surplus property shall not apply''. (2) 1988 Law.--Section 204(b)(2)(A)(i) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended by inserting before the semicolon the following: ``, except that provisions of such Act (and regulations under such Act) intended to prevent excess profits arising from the receipt of surplus property shall not apply''. (b) Interim Lease Authority.--Section 2667(f) of title 10, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new sentences: ``Subject to paragraph (5)(A), the Secretary concerned shall permit the lessee to make capital improvements to the leased property to facilitate economic development of the property and may not condition such permission by requiring the removal of the improvements upon the expiration of the lease. However, the United States shall not be responsible for the cost of the improvements if the property reverts to United States control upon the expiration of the lease. The Secretary concerned shall also permit the lessee to sublease the property for profit during the term of the interim lease.''; and (2) in paragraph (5)-- (A) in subparagraph (B), by striking out the first sentence and inserting in lieu thereof the following: ``Notwithstanding subsection (b)(2), an interim lease entered into under this subsection shall give the lessee the first right to acquire the property at the time of final disposal of the property. If there has been more than one interim lessee with respect to the property, the Secretary shall develop a mechanism to select between competing lessees.''; and (B) in subparagraph (C), by striking out ``Subparagraphs (A) and (B)'' and inserting in lieu thereof ``Subparagraph (A)''. (c) Lease Back Authority.--Section 2905(b)(4)(C) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (1) in clause (i)-- (A) by striking out the last sentence; and (B) by adding at the end the following new sentence: ``A component of the military department having jurisdiction over the installation before closure or realignment is not prohibited from entering into a lease under this clause with respect to property at that installation.''; (2) in clause (ii), by adding at the end the following new sentence: ``For purposes of the transfer of the real property to the redevelopment authority and the subsequent lease back, the valuation of the real property shall be deemed to be zero.''; and (3) by adding at the end the following new clause: ``(v) Subject to clause (iv), the Secretary shall give the redevelopment authority the first right to acquire property subject to a lease under clause (i) upon the termination or expiration of the lease. If, before the lease is actually entered into, the department or agency concerned determines that it does not require or desire the property and no other department or agency of the Federal Government seeks to become the lessee, the redevelopment authority shall have the first right to acquire the property. Subparagraph (B) shall apply to a transfer to the redevelopment authority under this clause.''. (d) Authority to Contract for Certain Services.-- (1) 1990 Law.--Section 2905(b)(8) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (A)-- (i) by striking out ``local governments'' and inserting in lieu thereof ``local governments and redevelopment authorities''; and (ii) by striking out ``by such governments''; (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: ``(C) The Secretary may exercise the authority under subparagraph (A) with respect to an installation at any time after the date on which the installation is approved for closure under this part.''; and (C) in subparagraph (D)-- (i) by striking out ``for services entered into with a local government''; and (ii) by striking out ``under the jurisdiction of such government'' and inserting in lieu thereof ``of the installation''. (2) 1988 Law.--Section 204(b)(8) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (A)-- (i) by striking out ``local governments'' and inserting in lieu thereof ``local governments and redevelopment authorities''; and (ii) by striking out ``by such governments''; (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: ``(C) The Secretary may exercise the authority under subparagraph (A) with respect to an installation at any time after the date on which the installation is approved for closure under this title.''; and (C) in subparagraph (D)-- (i) by striking out ``for services entered into with a local government''; and (ii) by striking out ``under the jurisdiction of such government'' and inserting in lieu thereof ``of the installation''.	Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property. Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease . Allows an interim lessee the first right to acquire the property at the time of its final disposal. Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration. Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved.	Base Closure Reuse Reform Act of 1997	7,244	1,509	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Base Closure Reuse Reform Act of 1997". <SECTION-HEADER> REFORM OF PROPERTY DISPOSAL REQUIREMENTS UNDER BASE CLOSURE LAWS TO PROMOTE ECONOMIC DEVELOPMENT AND PROTECT CLOSING INSTALLATIONS. Applicability of Excess Profits Clause. 1990 Law. Section 2905(b)(2)(A)(i) of the Defense Base Closure and Realignment Act of 1990 is amended by inserting before the semicolon the following: ", except that provisions of such Act intended to prevent excess profits arising from the receipt of surplus property shall not apply". 1988 Law. Section 204(b)(2)(A)(i) of the Defense Authorization Amendments and Base Closure and Realignment Act is amended by inserting before the semicolon the following: ", except that provisions of such Act intended to prevent excess profits arising from the receipt of surplus property shall not apply". Interim Lease Authority. Section 2667(f) of title 10, United States Code, is amended in paragraph (1), by adding at the end the following new sentences: "Subject to paragraph (5)(A), the Secretary concerned shall permit the lessee to make capital improvements to the leased property to facilitate economic development of the property and may not condition such permission by requiring the removal of the improvements upon the expiration of the lease. However, the United States shall not be responsible for the cost of the improvements if the property reverts to United States control upon the expiration of the lease. The Secretary concerned shall also permit the lessee to sublease the property for profit during the term of the interim lease.". And in paragraph (5) in subparagraph (B), by striking out the first sentence and inserting in lieu thereof the following: "Notwithstanding subsection (b)(2), an interim lease entered into under this subsection shall give the lessee the first right to acquire the property at the time of final disposal of the property. If there has been more than one interim lessee with respect to the property, the Secretary shall develop a mechanism to select between competing lessees.". And in subparagraph (C), by striking out "Subparagraphs (A) and (B)" and inserting in lieu thereof "Subparagraph (A)". Lease Back Authority. Section 2905(b)(4)(C) of the Defense Base Closure and Realignment Act of 1990 is amended in clause (i) by striking out the last sentence. And by adding at the end the following new sentence: "A component of the military department having jurisdiction over the installation before closure or realignment is not prohibited from entering into a lease under this clause with respect to property at that installation.". In clause (ii), by adding at the end the following new sentence: "For purposes of the transfer of the real property to the redevelopment authority and the subsequent lease back, the valuation of the real property shall be deemed to be zero.". And by adding at the end the following new clause: Subject to clause (iv), the Secretary shall give the redevelopment authority the first right to acquire property subject to a lease under clause (i) upon the termination or expiration of the lease. If, before the lease is actually entered into, the department or agency concerned determines that it does not require or desire the property and no other department or agency of the Federal Government seeks to become the lessee, the redevelopment authority shall have the first right to acquire the property. Subparagraph (B) shall apply to a transfer to the redevelopment authority under this clause.". Authority to Contract for Certain Services. 1990 Law. Section 2905(b)(8) of the Defense Base Closure and Realignment Act of 1990 is amended in subparagraph (A) by striking out "local governments" and inserting in lieu thereof "local governments and redevelopment authorities", and by striking out "by such governments". By striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: The Secretary may exercise the authority under subparagraph with respect to an installation at any time after the date on which the installation is approved for closure under this part.". And in subparagraph (D) by striking out "for services entered into with a local government". And by striking out "under the jurisdiction of such government" and inserting in lieu thereof "of the installation". 1988 Law. Section 204(b)(8) of the Defense Authorization Amendments and Base Closure and Realignment Act is amended in subparagraph (A) by striking out "local governments" and inserting in lieu thereof "local governments and redevelopment authorities", and by striking out "by such governments". By striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: The Secretary may exercise the authority under subparagraph with respect to an installation at any time after the date on which the installation is approved for closure under this title.". And in subparagraph (D) by striking out "for services entered into with a local government". And by striking out "under the jurisdiction of such government" and inserting in lieu thereof "of the installation".	Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property. Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease . Allows an interim lessee the first right to acquire the property at the time of its final disposal. Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration. Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved.	Base Closure Reuse Reform Act of 1997
110_s580	SECTION 1. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS. Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following: ``(g) Revision of Feasibility and Suitability Studies of Existing National Historic Trails.-- ``(1) Definitions.--In this subsection: ``(A) Route.--The term `route' includes a trail segment commonly known as a cutoff. ``(B) Shared route.--The term `shared route' means a route that was a segment of more than one historic trail, including a route shared with an existing national historic trail. ``(2) Requirements for revision.-- ``(A) In general.--The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails. ``(B) Study requirements and objectives.--The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection. ``(C) Completion and submission of study.--A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study. ``(3) Oregon national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Oregon National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) Whitman Mission route. ``(ii) Upper Columbia River. ``(iii) Cowlitz River route. ``(iv) Meek cutoff. ``(v) Free Emigrant Road. ``(vi) North Alternate Oregon Trail. ``(vii) Goodale's cutoff. ``(viii) North Side alternate route. ``(ix) Cutoff to Barlow road. ``(x) Naches Pass Trail. ``(4) Pony express national historic trail.--The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Pony Express National Historic Trail. ``(5) California national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the California National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) Missouri valley routes.-- ``(I) Blue Mills-Independence Road. ``(II) Westport Landing Road. ``(III) Westport-Lawrence Road. ``(IV) Fort Leavenworth-Blue River route. ``(V) Road to Amazonia. ``(VI) Union Ferry Route. ``(VII) Old Wyoming-Nebraska City cutoff. ``(VIII) Lower Plattsmouth Route. ``(IX) Lower Bellevue Route. ``(X) Woodbury cutoff. ``(XI) Blue Ridge cutoff. ``(XII) Westport Road. ``(XIII) Gum Springs-Fort Leavenworth route. ``(XIV) Atchison/Independence Creek routes. ``(XV) Fort Leavenworth-Kansas River route. ``(XVI) Nebraska City cutoff routes. ``(XVII) Minersville-Nebraska City Road. ``(XVIII) Upper Plattsmouth route. ``(XIX) Upper Bellevue route. ``(ii) Central routes.-- ``(I) Cherokee Trail, including splits. ``(II) Weber Canyon route of Hastings cutoff. ``(III) Bishop Creek cutoff. ``(IV) McAuley cutoff. ``(V) Diamond Springs cutoff. ``(VI) Secret Pass. ``(VII) Greenhorn cutoff. ``(VIII) Central Overland Trail. ``(iii) Western routes.-- ``(I) Bidwell-Bartleson route. ``(II) Georgetown/Dagget Pass Trail. ``(III) Big Trees Road. ``(IV) Grizzly Flat cutoff. ``(V) Nevada City Road. ``(VI) Yreka Trail. ``(VII) Henness Pass route. ``(VIII) Johnson cutoff. ``(IX) Luther Pass Trail. ``(X) Volcano Road. ``(XI) Sacramento-Coloma Wagon Road. ``(XII) Burnett cutoff. ``(XIII) Placer County Road to Auburn. ``(6) Mormon pioneer national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Mormon Pioneer National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa). ``(ii) 1856-57 Handcart route (Iowa City to Council Bluffs). ``(iii) Keokuk route (Iowa). ``(iv) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska. ``(v) Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants). ``(vi) 1850 Golden Pass Road in Utah. ``(7) Shared california and oregon trail routes.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) St. Joe Road. ``(ii) Council Bluffs Road. ``(iii) Sublette cutoff. ``(iv) Applegate route. ``(v) Old Fort Kearny Road (Oxbow Trail). ``(vi) Childs cutoff. ``(vii) Raft River to Applegate.''.	Amends the National Trails System Act to direct the Secretary of the Interior to: (1) revise the feasibility and suitability studies for certain existing National Historic Trails for consideration of possible additions to such trails. And (2) study the feasibility and suitability of designating certain routes and cutoffs as components of the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails and as shared components of the California and Oregon National Historic Trails.	A bill to amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails, and for other purposes.	11,245	501	<SECTION-HEADER> REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS. Section 5 of the National Trails System Act is amended by adding at the end the following: Revision of Feasibility and Suitability Studies of Existing National Historic Trails. Definitions. In this subsection: Route. The term `route' includes a trail segment commonly known as a cutoff. Shared route. The term `shared route' means a route that was a segment of more than one historic trail, including a route shared with an existing national historic trail. Requirements for revision. In general. The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails. Study requirements and objectives. The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection. Completion and submission of study. A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study. Oregon national historic trail. Study required. The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Oregon National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: Whitman Mission route. Upper Columbia River. Cowlitz River route. Meek cutoff. Free Emigrant Road. North Alternate Oregon Trail. Goodale's cutoff. North Side alternate route. Cutoff to Barlow road. Naches Pass Trail. Pony express national historic trail. The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Pony Express National Historic Trail. California national historic trail. Study required. The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the California National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: Missouri valley routes. Blue Mills-Independence Road. Westport Landing Road. Westport-Lawrence Road. Fort Leavenworth-Blue River route. Road to Amazonia. Union Ferry Route. Old Wyoming-Nebraska City cutoff. Lower Plattsmouth Route. Lower Bellevue Route. Woodbury cutoff. Blue Ridge cutoff. Westport Road. Gum Springs-Fort Leavenworth route. AtchisonIndependence Creek routes. Fort Leavenworth-Kansas River route. Nebraska City cutoff routes. Minersville-Nebraska City Road. Upper Plattsmouth route. Upper Bellevue route. Central routes. Cherokee Trail, including splits. Weber Canyon route of Hastings cutoff. Bishop Creek cutoff. McAuley cutoff. Diamond Springs cutoff. Secret Pass. Greenhorn cutoff. Central Overland Trail. Western routes. Bidwell-Bartleson route. GeorgetownDagget Pass Trail. Big Trees Road. Grizzly Flat cutoff. Nevada City Road. Yreka Trail. Henness Pass route. Johnson cutoff. Luther Pass Trail. Volcano Road. Sacramento-Coloma Wagon Road. Burnett cutoff. Placer County Road to Auburn. Mormon pioneer national historic trail. Study required. The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Mormon Pioneer National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: 1846 Subsequent routes A and B . 1856-57 Handcart route . Keokuk route (Iowa). 1847 Alternative Elkhorn and Loup River Crossings in Nebraska. Fort Leavenworth Road. Ox Bow route and alternates in Kansas and Missouri . 1850 Golden Pass Road in Utah. Shared california and oregon trail routes. Study required. The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: St. Joe Road. Council Bluffs Road. Sublette cutoff. Applegate route. Old Fort Kearny Road . Childs cutoff. Raft River to Applegate.".	Amends the National Trails System Act to direct the Secretary of the Interior to: (1) revise the feasibility and suitability studies for certain existing National Historic Trails for consideration of possible additions to such trails. And (2) study the feasibility and suitability of designating certain routes and cutoffs as components of the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails and as shared components of the California and Oregon National Historic Trails.	A bill to amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails, and for other purposes.
108_s2216	SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Transportation Security Act''. SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. (a) In General.-- (1) Assessment.--The Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for-- (A) improving the security of rail infrastructure and facilities, terminals, tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) deploying chemical and biological weapon detection equipment; (C) training employees in terrorism response activities; and (D) identifying the immediate and long-term economic impact of measures that may be required to address those risks. (2) Existing private and public sector efforts.--The assessment shall include a review of any actions already taken or prospective actions necessary to address identified security issues by both public and private entities. (b) Consultation; Use of Existing Resources.--In carrying out the assessment required by subsection (a), the Secretary shall consult with rail management, rail labor, facility owners and operators, and public safety officials (including officials responsible for responding to emergencies). (c) Report.-- (1) Contents.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing the assessment and prioritized recommendations required by subsection (a). (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $515,000,000 for fiscal year 2005 to carry out this section, implement the measures contained in the Secretary's prioritized recommendations, and award grants for purposes identified in the assessment in subsection (a), such sums to remain available until expended. SEC. 3. RAIL SECURITY. (a) Rail Police Officers.--Section 28101 is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (b) Review of Rail Regulations.--Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Department of Homeland Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security. SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS. (a) Requirement for Study.--Not later than December 1, 2004, the Comptroller General shall carry out a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose.--The purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report.--The Comptroller General shall submit a report on the results of the study to Congress. The report shall include the Comptroller General's assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING. (a) Requirement for Study and Report.--The Secretary of Homeland Security shall-- (1) study the cost and feasibility of requiring security screening for all passengers, baggage, and mail, express, and other cargo on Amtrak trains; and (2) report the results of the study, together with any recommendations that the Secretary may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives one year after the date of enactment of this Act. (b) Pilot Program.--As part of the study under subsection (a), the Secretary shall conduct a pilot program of random security screening of passengers and baggage at 5 of the 10 busiest passenger rail stations served by Amtrak (measured by the average number of boardings of Amtrak passenger trains) and at up to five additional rail stations served by Amtrak that are selected by the Secretary. In selecting the additional train stations the Secretary shall attempt to achieve a distribution of participating stations in terms of geographic location and size. SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY. Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this title. SEC. 7. LIFE SAFETY AND INFRASTRUCTURE. (a) Life Safety Needs.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005: (1) $677,000,000 for the 6 New York tunnels built in 1910 to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers. (2) $57,000,000 for the Baltimore & Potomac tunnel built in 1872 to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades. (3) $40,000,000 for the Washington, D.C. Union Station tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings to improve ventilation, communication, lighting, and passenger egress upgrades. (b) Infrastructure Upgrades.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005, $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels, such funds to remain available until expended.	Rail Transportation Security Act - Directs the Secretary of Homeland Security to assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for: (1) improving the security of rail infrastructure and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce, (2) deploying chemical and biological weapon detection equipment, (3) training employees in terrorism response activities. And (4) identifying immediate and long-term economic impact of measures that may be required to address those risks. Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail safety and security. Directs the Comptroller General to carry out a study of the rail passenger transportation security programs in Japan, member nations of the European Union, and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective. Directs the Secretary to: (1) study the cost and feasibility of requiring security screening for all passengers, baggage, mail, express, and other cargo on Amtrak trains. And (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of the busiest passenger rail stations served by Amtrak. Authorizes appropriations for FY 2005 for Amtrak for certain life safety and infrastructure upgrades at specified tunnels.	A bill to provide increased rail transportation security.	7,416	1,690	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rail Transportation Security Act". <SECTION-HEADER> RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. In General. Assessment. The Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for improving the security of rail infrastructure and facilities, terminals, tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service, deploying chemical and biological weapon detection equipment, training employees in terrorism response activities. And identifying the immediate and long-term economic impact of measures that may be required to address those risks. Existing private and public sector efforts. The assessment shall include a review of any actions already taken or prospective actions necessary to address identified security issues by both public and private entities. Consultation. Use of Existing Resources. In carrying out the assessment required by subsection (a), the Secretary shall consult with rail management, rail labor, facility owners and operators, and public safety officials . Report. Contents. Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing the assessment and prioritized recommendations required by subsection (a). Format. The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. Authorization of Appropriations. There are authorized to be appropriated to the Secretary $515,000,000 for fiscal year 2005 to carry out this section, implement the measures contained in the Secretary's prioritized recommendations, and award grants for purposes identified in the assessment in subsection (a), such sums to remain available until expended. <SECTION-HEADER> RAIL SECURITY. Rail Police Officers. Section 28101 is amended by striking "the rail carrier" each place it appears and inserting "any rail carrier". Review of Rail Regulations. Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Department of Homeland Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security. <SECTION-HEADER> STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS. Requirement for Study. Not later than December 1, 2004, the Comptroller General shall carry out a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. Purpose. The purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. Report. The Comptroller General shall submit a report on the results of the study to Congress. The report shall include the Comptroller General's assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. <SECTION-HEADER> PASSENGER, BAGGAGE, AND CARGO SCREENING. Requirement for Study and Report. The Secretary of Homeland Security shall study the cost and feasibility of requiring security screening for all passengers, baggage, and mail, express, and other cargo on Amtrak trains. And report the results of the study, together with any recommendations that the Secretary may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives one year after the date of enactment of this Act. Pilot Program. As part of the study under subsection (a), the Secretary shall conduct a pilot program of random security screening of passengers and baggage at 5 of the 10 busiest passenger rail stations served by Amtrak and at up to five additional rail stations served by Amtrak that are selected by the Secretary. In selecting the additional train stations the Secretary shall attempt to achieve a distribution of participating stations in terms of geographic location and size. <SECTION-HEADER> CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY. Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this title. <SECTION-HEADER> LIFE SAFETY AND INFRASTRUCTURE. Life Safety Needs. There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005: $677,000,000 for the 6 New York tunnels built in 1910 to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers. $57,000,000 for the Baltimore Potomac tunnel built in 1872 to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades. $40,000,000 for the Washington, D. C. Union Station tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings to improve ventilation, communication, lighting, and passenger egress upgrades. Infrastructure Upgrades. There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005, $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels, such funds to remain available until expended.	Rail Transportation Security Act - Directs the Secretary of Homeland Security to assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for: (1) improving the security of rail infrastructure and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce, (2) deploying chemical and biological weapon detection equipment, (3) training employees in terrorism response activities. And (4) identifying immediate and long-term economic impact of measures that may be required to address those risks. Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail safety and security. Directs the Comptroller General to carry out a study of the rail passenger transportation security programs in Japan, member nations of the European Union, and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective. Directs the Secretary to: (1) study the cost and feasibility of requiring security screening for all passengers, baggage, mail, express, and other cargo on Amtrak trains. And (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of the busiest passenger rail stations served by Amtrak. Authorizes appropriations for FY 2005 for Amtrak for certain life safety and infrastructure upgrades at specified tunnels.	A bill to provide increased rail transportation security.
112_hr891	SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Benefits Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Medications are important to the management of chronic diseases that require long-term or lifelong therapy. Pharmacists are uniquely qualified as medication experts to work with patients to manage their medications and chronic conditions and play a key role in helping patients take their medications as prescribed. (2) Nonadherence with medications is a significant problem. According to a report by the World Health Organization, in developed countries, only 50 percent of patients with chronic diseases adhere to medication therapies. For example, in the United States only 51 percent of patients taking blood pressure medications are adherent; similarly, only 40 to 70 percent of patients taking antidepressant medications adhere to prescribed therapies. (3) Failure to take medications as prescribed costs over $177 billion annually. The problem of nonadherence is particularly important for patients with chronic diseases that require use of medications; poor adherence leads to unnecessary disease progression, reduced functional status, lower quality of life, and premature death. (4) When patients adhere to, or comply with, their medication therapy, it is possible to reduce higher-cost medical attention, such as emergency department visits and catastrophic care, and avoid the preventable human costs that impact patients and those who care for them. (5) Studies have clearly demonstrated that community-based medication therapy management (MTM) services provided by pharmacists improve health care outcomes and reduce spending. For example, the Asheville Project--a diabetes program designed for city employees in Asheville, North Carolina, and delivered by community pharmacists--resulted over a 5-year period in a decrease in total direct medical costs ranging from $1,622 to $3,356 per patient per year, a 50 percent decrease in the use of sick days, and an increase in productivity accounting for an estimated savings of $18,000 annually. Another project involving pharmacist-provided care to patients with high cholesterol increased compliance with medication to 90 percent from a national average of 40 percent. In North Carolina, the ChecKmeds NC program, which offers eligible seniors one-on-one MTM consultations with pharmacists, saved an estimated $10,000,000 in healthcare costs and avoided numerous health problems in the first year of the program for the more than 15,000 seniors receiving MTM. Similar results have been achieved in several other demonstrations using community pharmacists. (6) Therefore, enhancement of the MTM benefit under part D of the Medicare program should be a key component of the national health care reform agenda. SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM) PROGRAMS. (a) Improvements to Required Interventions.--Section 1860D- 4(c)(2)(C) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)(C)) is amended-- (1) by amending clause (i)(I) to read as follows: ``(I) shall include a review of the individual's medications, creation of a personal medication record, and a recommended medication action plan in consultation with the individual and the prescriber; and''; and (2) by redesignating clause (ii) as clause (iii) and inserting after clause (i) the following new clause: ``(ii) Targeted medication reviews furnished person-to-person by a licensed pharmacist offered no less frequently than once every quarter to assess medication use since the last annual comprehensive medication review, to monitor unresolved issues, to identify problems with new drug therapies or if the individual has experienced a transition in care.''. (b) Increase Availability of MTM Services to Beneficiaries and Increase Community Pharmacy Involvement in Provision of MTM Services.-- (1) Increased beneficiary access to mtm services.--Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)) is further amended-- (A) in subparagraph (A)(ii)(I), by inserting before the semicolon at the end the following: ``or any chronic disease that accounts for high spending in the Medicare program including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease or chronic lung disorders), bone disease-arthritis (such as osteoporosis and osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder)''; (B) by adding at the end of subparagraph (A) the following new clause: ``(iii) Identification of individuals who may benefit from medication therapy management.--The prescription drug plan sponsor shall identify a process subject to the Secretary's approval that allows licensed pharmacists or other qualified providers to identify for medication therapy management interventions potential enrollees who are not described as targeted beneficiaries under clause (ii) or are not otherwise offered services described in subparagraph (C).''; (C) by redesignating subparagraphs (F) and (G) as subparagraphs (I) and (J), respectively; (D) by redesignating the subparagraph (E), relating to development of program in cooperation with licensed pharmacists, as subparagraph (H); (E) by redesignating subparagraph (D) and the subparagraph (E), relating to automatic enrollment with ability to opt-out, as subparagraphs (F) through (G), respectively; and (F) by inserting after subparagraph (C) the following new subparagraph: ``(D) Medication reviews for dual eligibles and enrollees in transition of care.--Without regard to whether an enrollee is a targeted beneficiary described in subparagraph (A)(ii), the medication therapy management program under this program shall offer-- ``(i) a comprehensive medication review described in subparagraph (C)(i) at the time of initial enrollment under the plan for an enrollee who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)); and ``(ii) a targeted medication review described in subparagraph (C)(ii) for any enrollee at the time of transition of care (such as being discharged from a hospital or another institutional setting) where new medications have been introduced to the individual's therapy.''. (2) Community pharmacy access.--Section 1840D-4(c)(2) of such Act, as amended by paragraph (1), is further amended by inserting after subparagraph (D) the following new subparagraph: ``(E) Pharmacy access requirements.--A prescription drug plan sponsor shall offer any willing pharmacy in its network the ability to provide medication therapy management services to assure that enrollees have the option of obtaining services under the medication therapy management program from community-based retail pharmacies.''. (c) Reimbursement and Incentives Based on Performance.-- (1) Appropriate reimbursement for the provision of mtm services.--Section 1860D-4(c)(2)(J) of such Act (42 U.S.C. 1395w-104(c)(2)(J)), as redesignated by subsection (b)(1)(C), is amended by striking the first sentence and inserting the following: ``The PDP sponsor shall reimburse pharmacists and other entities furnishing medication therapy management services under this paragraph based on the resources used and the time required to provide such services.''. (2) Evaluation of performance for payment incentives.-- Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)), as amended by subsection (b), is further amended by adding at the end the following new subparagraph: ``(K) Evaluation of performance.-- ``(i) Data collection and provider measures.--The Secretary shall establish measures and standards for data collection by prescription drug plan sponsors to evaluate performance of pharmacies and other entities in furnishing medication therapy management services. Such measures and standards shall be developed by such date as to allow the application of such measures under this subparagraph beginning with the first plan year beginning after the date of the enactment of the Medication Therapy Management Benefits Act of 2011. Such measures shall be designed to help assess and improve overall quality of care, including a reduction in adverse medication reactions, improvements in adherence and persistence in chronic medication use, and a reduction in drug spending, where appropriate. Prescription drug plan sponsors shall use such measures to compare outcomes based on the type of entity offering such services and shall ensure broader participation of entities that achieve better outcomes with respect to such services. The measures established under this clause shall include measures developed by the Pharmacy Quality Alliance (PQA) in the case of pharmacist providers. ``(ii) Continual development and incorporation of medication therapy management measures in broader health care outcomes measures.--The Secretary shall support the continual development and refinement of performance measures described in clause (i), including the incorporation of medication use measures as part of broader health care outcomes measures. The Secretary shall work with State Medicaid programs to incorporate similar performance-based measures into State drug use review programs provided pursuant to section 1927(g). ``(iii) Incentive payments.-- ``(I) In general.--Subject to subclause (II), for plan years beginning on or after the date that is 1 year after the date the establishment of measures and standards under clause (i), pharmacies and other entities that furnish medication therapy management services under this part shall be provided (in a manner specified by the Secretary) with additional incentive payments based on the performance of such pharmacies and entities in meeting the such measures and standards. Such payments shall be made from the Medicare Prescription Drug Account except that such payments may be made from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund if the Secretary determines, based on data under this part and parts A and B, that such services have resulted in a reduction in expenditures under part A or part B, respectively. ``(II) Limitation.--The total amount of additional incentive payments made under subclause (I) for a plan year may not exceed the amount by which the Secretary determines there are reductions in expenditures under this title during such plan year resulting from medication therapy management services furnished under this part.''.	Medication Therapy Management Benefits Act of 2011 - Amends part D of title XVIII (Medicare) of the Social Security Act (SSA) to require that the annual comprehensive medication review include creation of a personal medication record and a recommended medication action plan in consultation with the individual and the prescriber. Requires medication therapy management (MTM) services to include targeted medication reviews furnished person-to-person by a licensed pharmacist offered at least once every quarter to: (1) assess medication use since the last annual comprehensive medication review, (2) monitor unresolved issues, or (3) identify problems with new drug therapies or if the individual has experienced a transition in care. Increases the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services. Requires a prescription drug plan (PDP) sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows licensed pharmacists or other qualified providers to identify potential enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid , regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services. And (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.	To amend part D of title XVIII of the Social Security Act to promote medication therapy management under the Medicare part D prescription drug program.	15,091	2,161	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medication Therapy Management Benefits Act of 2011". <SECTION-HEADER> FINDINGS. Congress finds the following: Medications are important to the management of chronic diseases that require long-term or lifelong therapy. Pharmacists are uniquely qualified as medication experts to work with patients to manage their medications and chronic conditions and play a key role in helping patients take their medications as prescribed. Nonadherence with medications is a significant problem. According to a report by the World Health Organization, in developed countries, only 50 percent of patients with chronic diseases adhere to medication therapies. For example, in the United States only 51 percent of patients taking blood pressure medications are adherent. Similarly, only 40 to 70 percent of patients taking antidepressant medications adhere to prescribed therapies. Failure to take medications as prescribed costs over $177 billion annually. The problem of nonadherence is particularly important for patients with chronic diseases that require use of medications. Poor adherence leads to unnecessary disease progression, reduced functional status, lower quality of life, and premature death. When patients adhere to, or comply with, their medication therapy, it is possible to reduce higher-cost medical attention, such as emergency department visits and catastrophic care, and avoid the preventable human costs that impact patients and those who care for them. Studies have clearly demonstrated that community-based medication therapy management (MTM) services provided by pharmacists improve health care outcomes and reduce spending. For example, the Asheville Project a diabetes program designed for city employees in Asheville, North Carolina, and delivered by community pharmacists resulted over a 5-year period in a decrease in total direct medical costs ranging from $1,622 to $3,356 per patient per year, a 50 percent decrease in the use of sick days, and an increase in productivity accounting for an estimated savings of $18,000 annually. Another project involving pharmacist-provided care to patients with high cholesterol increased compliance with medication to 90 percent from a national average of 40 percent. In North Carolina, the ChecKmeds NC program, which offers eligible seniors one-on-one MTM consultations with pharmacists, saved an estimated $10,000,000 in healthcare costs and avoided numerous health problems in the first year of the program for the more than 15,000 seniors receiving MTM. Similar results have been achieved in several other demonstrations using community pharmacists. Therefore, enhancement of the MTM benefit under part D of the Medicare program should be a key component of the national health care reform agenda. <SECTION-HEADER> IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM) PROGRAMS. Improvements to Required Interventions. Section 1860D- 4(c)(2)(C) of the Social Security Act (42 USC. 1395w-104(c)(2)(C)) is amended by amending clause (i)(I) to read as follows: shall include a review of the individual's medications, creation of a personal medication record, and a recommended medication action plan in consultation with the individual and the prescriber, and". And by redesignating clause (ii) as clause (iii) and inserting after clause (i) the following new clause: Targeted medication reviews furnished person-to-person by a licensed pharmacist offered no less frequently than once every quarter to assess medication use since the last annual comprehensive medication review, to monitor unresolved issues, to identify problems with new drug therapies or if the individual has experienced a transition in care.". Increase Availability of MTM Services to Beneficiaries and Increase Community Pharmacy Involvement in Provision of MTM Services. Increased beneficiary access to mtm services. Section 1860D-4(c)(2) of such Act (42 USC. 1395w-104(c)(2)) is further amended in subparagraph (A)(ii)(I), by inserting before the semicolon at the end the following: "or any chronic disease that accounts for high spending in the Medicare program including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease , bone disease-arthritis , rheumatoid arthritis, and mental health ". By adding at the end of subparagraph (A) the following new clause: Identification of individuals who may benefit from medication therapy management. The prescription drug plan sponsor shall identify a process subject to the Secretary's approval that allows licensed pharmacists or other qualified providers to identify for medication therapy management interventions potential enrollees who are not described as targeted beneficiaries under clause (ii) or are not otherwise offered services described in subparagraph (C).". By redesignating subparagraphs (F) and (G) as subparagraphs (I) and (J), respectively. By redesignating the subparagraph (E), relating to development of program in cooperation with licensed pharmacists, as subparagraph (H). By redesignating subparagraph (D) and the subparagraph (E), relating to automatic enrollment with ability to opt-out, as subparagraphs (F) through (G), respectively. And by inserting after subparagraph (C) the following new subparagraph: Medication reviews for dual eligibles and enrollees in transition of care. Without regard to whether an enrollee is a targeted beneficiary described in subparagraph (A)(ii), the medication therapy management program under this program shall offer a comprehensive medication review described in subparagraph (C)(i) at the time of initial enrollment under the plan for an enrollee who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)). And a targeted medication review described in subparagraph (C)(ii) for any enrollee at the time of transition of care where new medications have been introduced to the individual's therapy.". Community pharmacy access. Section 1840D-4(c)(2) of such Act, as amended by paragraph (1), is further amended by inserting after subparagraph (D) the following new subparagraph: Pharmacy access requirements. A prescription drug plan sponsor shall offer any willing pharmacy in its network the ability to provide medication therapy management services to assure that enrollees have the option of obtaining services under the medication therapy management program from community-based retail pharmacies.". Reimbursement and Incentives Based on Performance. Appropriate reimbursement for the provision of mtm services. Section 1860D-4(c)(2)(J) of such Act (42 USC. 1395w-104(c)(2)(J)), as redesignated by subsection (b)(1)(C), is amended by striking the first sentence and inserting the following: "The PDP sponsor shall reimburse pharmacists and other entities furnishing medication therapy management services under this paragraph based on the resources used and the time required to provide such services.". Evaluation of performance for payment incentives. Section 1860D-4(c)(2) of such Act (42 USC. 1395w-104(c)(2)), as amended by subsection (b), is further amended by adding at the end the following new subparagraph: Evaluation of performance. Data collection and provider measures. The Secretary shall establish measures and standards for data collection by prescription drug plan sponsors to evaluate performance of pharmacies and other entities in furnishing medication therapy management services. Such measures and standards shall be developed by such date as to allow the application of such measures under this subparagraph beginning with the first plan year beginning after the date of the enactment of the Medication Therapy Management Benefits Act of 2011. Such measures shall be designed to help assess and improve overall quality of care, including a reduction in adverse medication reactions, improvements in adherence and persistence in chronic medication use, and a reduction in drug spending, where appropriate. Prescription drug plan sponsors shall use such measures to compare outcomes based on the type of entity offering such services and shall ensure broader participation of entities that achieve better outcomes with respect to such services. The measures established under this clause shall include measures developed by the Pharmacy Quality Alliance (PQA) in the case of pharmacist providers. Continual development and incorporation of medication therapy management measures in broader health care outcomes measures. The Secretary shall support the continual development and refinement of performance measures described in clause (i), including the incorporation of medication use measures as part of broader health care outcomes measures. The Secretary shall work with State Medicaid programs to incorporate similar performance-based measures into State drug use review programs provided pursuant to section 1927(g). Incentive payments. In general. Subject to subclause (II), for plan years beginning on or after the date that is 1 year after the date the establishment of measures and standards under clause , pharmacies and other entities that furnish medication therapy management services under this part shall be provided with additional incentive payments based on the performance of such pharmacies and entities in meeting the such measures and standards. Such payments shall be made from the Medicare Prescription Drug Account except that such payments may be made from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund if the Secretary determines, based on data under this part and parts A and B, that such services have resulted in a reduction in expenditures under part A or part B, respectively. Limitation. The total amount of additional incentive payments made under subclause (I) for a plan year may not exceed the amount by which the Secretary determines there are reductions in expenditures under this title during such plan year resulting from medication therapy management services furnished under this part.".	Medication Therapy Management Benefits Act of 2011 - Amends part D of title XVIII (Medicare) of the Social Security Act (SSA) to require that the annual comprehensive medication review include creation of a personal medication record and a recommended medication action plan in consultation with the individual and the prescriber. Requires medication therapy management (MTM) services to include targeted medication reviews furnished person-to-person by a licensed pharmacist offered at least once every quarter to: (1) assess medication use since the last annual comprehensive medication review, (2) monitor unresolved issues, or (3) identify problems with new drug therapies or if the individual has experienced a transition in care. Increases the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services. Requires a prescription drug plan (PDP) sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows licensed pharmacists or other qualified providers to identify potential enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid , regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services. And (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.	To amend part D of title XVIII of the Social Security Act to promote medication therapy management under the Medicare part D prescription drug program.
113_s561	SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshoring Prevention Act''. SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (5) and inserting ``, and'', by redesignating paragraph (5) as paragraph (4), and by adding at the end the following new paragraph: ``(5) imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)).''. (b) Definition of Imported Property Income.--Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(5), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property; ``(B) the sale, exchange, or other disposition of imported property; or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States; or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States; or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(D) Exception for certain agricultural commodities.--The term `imported property' does not include any agricultural commodity which is not grown in the United States in commercially marketable quantities. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use intangible property (as defined in section 936(h)(3)(B)) in the United States. ``(B) United states.--For purposes of this subsection, the term `United States' includes the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(C) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(D) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.''. (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and (L), respectively, and by inserting after subparagraph (H) the following new subparagraph: ``(I) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(j)).''. (3) Conforming amendment.--Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting ``or imported property income'' after ``passive category income''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and (B) by inserting after subclause (I) the following new subclause: ``(II) imported property income,''. (2) The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. (3) Paragraph (5) of section 954(b) of such Code is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end.	Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines imported property income as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income.	Offshoring Prevention Act	7,599	507	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Offshoring Prevention Act". <SECTION-HEADER> TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. General Rule. Subsection (a) of section 954 of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (5) and inserting ", and", by redesignating paragraph (5) as paragraph (4), and by adding at the end the following new paragraph: imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)).". Definition of Imported Property Income. Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Imported Property Income. In general. For purposes of subsection (a)(5), the term `imported property income' means income derived in connection with manufacturing, producing, growing, or extracting imported property, the sale, exchange, or other disposition of imported property. Or the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). Imported property. For purposes of this subsection In general. Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. Imported property includes certain property imported by unrelated persons. The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation , it was reasonable to expect that such property would be imported into the United States. Or such property would be used as a component in other property which would be imported into the United States. Exception for property subsequently exported. The term `imported property' does not include any property which is imported into the United States and which before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States. Or is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. Exception for certain agricultural commodities. The term `imported property' does not include any agricultural commodity which is not grown in the United States in commercially marketable quantities. Definitions and special rules. Import. For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use intangible property (as defined in section 936(h)(3)(B)) in the United States. United states. For purposes of this subsection, the term `United States' includes the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Unrelated person. For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. Coordination with foreign base company sales income. For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.". Separate Application of Limitations on Foreign Tax Credit for Imported Property Income. In general. Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking "and" at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: imported property income, and". Imported property income defined. Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and , respectively, and by inserting after subparagraph (H) the following new subparagraph: Imported property income. The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(j)).". Conforming amendment. Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting "or imported property income" after "passive category income". Technical Amendments. Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and by inserting after subclause (I) the following new subclause: imported property income,". The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking "subsection (a)(5)" and inserting "subsection (a)(4)". Paragraph (5) of section 954(b) of such Code is amended by striking "and the foreign base company oil related income" and inserting "the foreign base company oil related income, and the imported property income". Effective Date. The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end.	Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines imported property income as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income.	Offshoring Prevention Act
109_hr4942	SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Antiterrorism Capabilities Through International Cooperation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy. (2) The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of technologies that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism. (3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security. (4) The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial technologies in the areas of defense, agriculture, and telecommunications. (5) The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. (6) The establishment of a program to facilitate and support cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events. SEC. 3. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT. (a) In General.--The Homeland Security Act of 2002 is amended by inserting after section 313 (6 U.S.C. 193) the following new section: ``SEC. 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director selected under subsection (c)(1). ``(2) International cooperative activities.--The term `international cooperative activities' includes-- ``(A) coordinated research projects, joint research projects, or joint ventures; ``(B) joint studies or technical demonstrations; ``(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; ``(D) training of scientists and engineers; ``(E) visits and exchanges of scientists, engineers, or other appropriate personnel; ``(F) exchanges or sharing of scientific and technological information; and ``(G) joint use of laboratory facilities and equipment. ``(3) Under secretary.--The term `Under Secretary' means the Under Secretary for Science and Technology of the Department of Homeland Security. ``(4) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ``(b) International Cooperative Activities.-- ``(1) Authorization.--The Under Secretary is authorized to carry out international cooperative activities to support the responsibilities specified under section 302. ``(2) Mechanisms and equitability.--In carrying out this section, the Under Secretary may award grants to and enter into cooperative agreements or contracts with United States governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. The Under Secretary shall ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complementary activities, or through provision of staff, facilities, materials, or equipment. ``(3) Cooperation.--The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies. ``(4) Foreign partners.--Under this section, the Under Secretary may form partnerships with United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, Singapore, and other countries as appropriate. ``(5) Exotic diseases.--As part of the international cooperative activities authorized in this section, the Under Secretary may facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including nations in Africa, to strengthen American preparedness against threats to the Nation's agricultural and public health sectors from exotic diseases. ``(c) Program and Director.-- ``(1) Establishment.--The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. The Program shall be headed by a Director, who shall be selected by and shall report to the Under Secretary. ``(2) Responsibilities of the director.-- ``(A) Development of mechanisms.--The Director shall be responsible for developing, in consultation with the Department of State and in coordination with other Federal agencies, mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. ``(B) Identification of partners.--The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. ``(C) Coordination.--The Director shall ensure that the activities under this subsection are coordinated with those of other components of the Department and of other relevant research agencies. ``(D) Conferences and workshops.--The Director, periodically, shall support the planning and execution of international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals. ``(3) Program manager authority.--This subsection shall not be construed to limit the ability of a program manager to initiate or carry out international cooperative activities provided that such activities are appropriately coordinated with the Program established under this subsection. ``(d) Budget Allocation.--There are authorized to be appropriated to the Secretary, to be derived from amounts otherwise authorized for the Directorate of Science and Technology, $25,000,000 for each of the fiscal years 2007 through 2010 for activities under this section. ``(e) Report to Congress on International Cooperative Activities.-- ``(1) Initial report.--Not later than 180 days after the date of enactment of this section, the Under Secretary, acting through the Director, shall transmit to the Congress a report containing-- ``(A) a brief description of each partnership formed under subsection (b)(4), including the participants, goals, and amount and sources of funding; and ``(B) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding. ``(2) Updates.--At the end of the fiscal year that occurs 5 years after the transmittal of the report under subsection (a), and every 5 years thereafter, the Under Secretary, acting through the Director, shall transmit to the Congress an update of the report required under subsection (a).''. (b) Table of Contents Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by adding after the item relating to section 313 the following new item: ``Sec. 314. Promoting antiterrorism through international cooperation program.''. Passed the House of Representatives September 26, 2006. Attest: KAREN L. HAAS, Clerk.	Promoting Antiterrorism Capabilities Through International Cooperation Act - Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to carry out international cooperative activities and, in carrying out such activities, to: (1) conduct such activities jointly with other agencies. (2) award grants and enter into cooperative agreements or contracts with US governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. (3) form partnerships with US allies in the global war on terrorism. And (4) facilitate the development of information sharing and other cooperative mechanisms with foreign countries to strengthen American preparedness against threats to the nation's agricultural and public health sectors from exotic diseases. Directs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization. Directs the Under Secretary to establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. Provides that the Program shall be headed by a Director, who shall be responsible for developing mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Requires the Director to: (1) facilitate the matching of US entities with non-US entities that may partner in homeland security research activities. (2) ensure that activities are coordinated with those of other DHS components and other relevant research agencies. And (3) periodically support the planning and execution of international homeland security technology workshops and conferences. Authorizes appropriations to the Secretary, to be derived from amounts otherwise authorized for the Directorate, for international cooperative activities for each of FY2007-FY2010. Requires the Under Secretary, acting through the Director, to report to Congress every five years on partnerships formed and international cooperative activities underway.	To establish a capability and office to promote cooperation between entities of the United States and its allies in the global war on terrorism for the purpose of engaging in cooperative endeavors focused on the research, development, and commercialization of high-priority technologies intended to detect, prevent, respond to, recover from, and mitigate against acts of terrorism and other high consequence events and to address the homeland security needs of Federal, State, and local governments.	9,825	2,302	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Promoting Antiterrorism Capabilities Through International Cooperation Act". <SECTION-HEADER> FINDINGS. The Congress finds the following: The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy. The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of technologies that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism. Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security. The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial technologies in the areas of defense, agriculture, and telecommunications. The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. The establishment of a program to facilitate and support cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events. <SECTION-HEADER> PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT. In General. The Homeland Security Act of 2002 is amended by inserting after section 313 the following new section: "Section 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM. Definitions. In this section: Director. The term `Director' means the Director selected under subsection (c)(1). International cooperative activities. The term `international cooperative activities' includes coordinated research projects, joint research projects, or joint ventures, joint studies or technical demonstrations, coordinated field exercises, scientific seminars, conferences, symposia, and workshops, training of scientists and engineers, visits and exchanges of scientists, engineers, or other appropriate personnel, exchanges or sharing of scientific and technological information. And joint use of laboratory facilities and equipment. Under secretary. The term `Under Secretary' means the Under Secretary for Science and Technology of the Department of Homeland Security. Institution of higher education. The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 USC. 1001(a)). International Cooperative Activities. Authorization. The Under Secretary is authorized to carry out international cooperative activities to support the responsibilities specified under section 302. Mechanisms and equitability. In carrying out this section, the Under Secretary may award grants to and enter into cooperative agreements or contracts with United States governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. The Under Secretary shall ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complementary activities, or through provision of staff, facilities, materials, or equipment. Cooperation. The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies. Foreign partners. Under this section, the Under Secretary may form partnerships with United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, Singapore, and other countries as appropriate. Exotic diseases. As part of the international cooperative activities authorized in this section, the Under Secretary may facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including nations in Africa, to strengthen American preparedness against threats to the Nation's agricultural and public health sectors from exotic diseases. Program and Director. Establishment. The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. The Program shall be headed by a Director, who shall be selected by and shall report to the Under Secretary. Responsibilities of the director. Development of mechanisms. The Director shall be responsible for developing, in consultation with the Department of State and in coordination with other Federal agencies, mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Identification of partners. The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. Coordination. The Director shall ensure that the activities under this subsection are coordinated with those of other components of the Department and of other relevant research agencies. Conferences and workshops. The Director, periodically, shall support the planning and execution of international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals. Program manager authority. This subsection shall not be construed to limit the ability of a program manager to initiate or carry out international cooperative activities provided that such activities are appropriately coordinated with the Program established under this subsection. Budget Allocation. There are authorized to be appropriated to the Secretary, to be derived from amounts otherwise authorized for the Directorate of Science and Technology, $25,000,000 for each of the fiscal years 2007 through 2010 for activities under this section. Report to Congress on International Cooperative Activities. Initial report. Not later than 180 days after the date of enactment of this section, the Under Secretary, acting through the Director, shall transmit to the Congress a report containing a brief description of each partnership formed under subsection (b)(4), including the participants, goals, and amount and sources of funding. And a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding. Updates. At the end of the fiscal year that occurs 5 years after the transmittal of the report under subsection (a), and every 5 years thereafter, the Under Secretary, acting through the Director, shall transmit to the Congress an update of the report required under subsection (a).". Table of Contents Amendment. The table of contents of the Homeland Security Act of 2002 is amended by adding after the item relating to section 313 the following new item: "Section 314. Promoting antiterrorism through international cooperation program.". Passed the House of Representatives September 26, 2006. Attest: KAREN L. HAAS, Clerk.	Promoting Antiterrorism Capabilities Through International Cooperation Act - Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to carry out international cooperative activities and, in carrying out such activities, to: (1) conduct such activities jointly with other agencies. (2) award grants and enter into cooperative agreements or contracts with US governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. (3) form partnerships with US allies in the global war on terrorism. And (4) facilitate the development of information sharing and other cooperative mechanisms with foreign countries to strengthen American preparedness against threats to the nation's agricultural and public health sectors from exotic diseases. Directs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization. Directs the Under Secretary to establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. Provides that the Program shall be headed by a Director, who shall be responsible for developing mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Requires the Director to: (1) facilitate the matching of US entities with non-US entities that may partner in homeland security research activities. (2) ensure that activities are coordinated with those of other DHS components and other relevant research agencies. And (3) periodically support the planning and execution of international homeland security technology workshops and conferences. Authorizes appropriations to the Secretary, to be derived from amounts otherwise authorized for the Directorate, for international cooperative activities for each of FY2007-FY2010. Requires the Under Secretary, acting through the Director, to report to Congress every five years on partnerships formed and international cooperative activities underway.	To establish a capability and office to promote cooperation between entities of the United States and its allies in the global war on terrorism for the purpose of engaging in cooperative endeavors focused on the research, development, and commercialization of high-priority technologies intended to detect, prevent, respond to, recover from, and mitigate against acts of terrorism and other high consequence events and to address the homeland security needs of Federal, State, and local governments.
114_hr3173	SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Conservation and Outdoor Recreation Enhancement Act''. SEC. 2. SENSE OF CONGRESS REGARDING NATIONAL FISH HABITAT INITIATIVE. It is the sense of Congress that-- (1) the mission of the National Fish Habitat Initiative is to protect, restore, and enhance the Nation's fish populations through partnerships that foster fish habitat conservation and improve the quality of life for the American people; (2) the national network of Fish Habitat Partnerships established under the National Fish Habitat Initiative-- (A) promotes intact and healthy fish habitats; (B) encourages community-based projects with a goal of ensuring a broad diversity of fish and fish populations; and (C) supports the economic significance of fish habitat resources and the recreational, subsistence, and commercial fishing linked to these resources in the United States; and (3) the enactment by Congress of implementing legislation for the National Fish Habitat Initiative would ensure continued Federal support for the ongoing activities of the National Fish Habitat Partnerships. SEC. 3. FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION. The Federal Land Transaction Facilitation Act is amended-- (1) in section 203(1) (43 U.S.C. 2302(1)), by striking ``cultural, or'' and inserting ``cultural, recreational access and use, or other''; (2) in section 203(2) in the matter preceding subparagraph (A), by striking ``on the date of enactment of this Act was'' and inserting ``is''; (3) in section 205 (43 U.S.C. 2304)-- (A) in subsection (a), by striking ``section 206'' and all that follows through the period and inserting the following: ``section 206-- ``(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); ``(2) not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2015, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and ``(3) to maintain the database referred to in paragraph (2).''; and (B) in subsection (d), by striking ``11'' and inserting ``22''; (4) in section 206(c)(2) (43 U.S.C. 2305(c)(2)), by adding at the end the following: ``(E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.''; (5) in section 206(c)(3) (43 U.S.C. 2305(c)(3))-- (A) by inserting after subparagraph (A) the following: ``(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;''; and (B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); (6) in section 206(f) (43 U.S.C. 2305(f)), by amending paragraph (2) to read as follows: ``(2) any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).''; and (7) in section 207(b) (43 U.S.C. 2306(b))-- (A) in paragraph (1)-- (i) by striking ``96-568'' and inserting ``96-586''; and (ii) by striking ``; or'' and inserting a semicolon; (B) in paragraph (2)-- (i) by inserting ``Public Law 105-263;'' before ``112 Stat.''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109-432; 120 Stat. 3028); ``(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111- 11); ``(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111-11); ``(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1108); or ``(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1121).''. SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION. Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking ``not to exceed--'' and all that follows through paragraph (5) and inserting ``not to exceed $50,000,000 for each of fiscal years 2016 through 2020.''. SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT REAUTHORIZATION. (a) Board of Directors of the Foundation.-- (1) In general.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended-- (A) in subsection (b)-- (i) by striking paragraph (2) and inserting the following: ``(2) In general.--After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall-- ``(A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and ``(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.''; and (ii) by striking paragraph (3) and inserting the following: ``(3) Terms.--Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.''; and (B) in subsection (g)(2)-- (i) in subparagraph (A), by striking ``(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers'' and inserting the following: ``(A) In general.--Officers''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Executive director.--The Foundation shall have an Executive Director who shall be-- ``(i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and ``(ii) knowledgeable and experienced in matters relating to fish and wildlife conservation.''. (2) Conforming amendment.--Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking ``Secretary of the Board'' and inserting ``Executive Director of the Board''. (b) Rights and Obligations of the Foundation.--Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended-- (1) in subsection (c)-- (A) by striking ``(c) Powers.--To carry out its purposes under'' and inserting the following: ``(c) Powers.-- ``(1) In general.--To carry out the purposes described in''; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ``that are insured by an agency or instrumentality of the United States'' and inserting ``at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation''; (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking ``paragraph (3) or (4)'' and inserting ``subparagraph (C) or (D)''; (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ``; and'' and inserting a semicolon; (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: ``(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and ``(L) to do acts necessary to carry out the purposes of the Foundation.''; and (G) by striking the undesignated matter at the end and inserting the following: ``(2) Treatment of real property.-- ``(A) In general.--For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Encumbered real property.--A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. ``(3) Savings clause.--The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.''; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (c) Authorization of Appropriations.--Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2016 through 2020-- ``(A) $15,000,000 to the Secretary of the Interior; ``(B) $5,000,000 to the Secretary of Agriculture; and ``(C) $5,000,000 to the Secretary of Commerce.''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Amounts from federal agencies.-- ``(A) In general.--In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. ``(B) Advances.--Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. ``(C) Management fees.--The Foundation may assess and collect fees for the management of amounts received under this paragraph.''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``funds'' and inserting ``amounts''; (ii) by striking ``shall be used'' and inserting ``may be used''; and (iii) by striking ``and State and local government agencies'' and inserting ``, State and local government agencies, and other entities''; and (C) by adding at the end the following: ``(3) Administration of amounts.-- ``(A) In general.--In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is-- ``(i) to address an environmental emergency resulting from a natural or other disaster; or ``(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. ``(B) Reports.--The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.''; and (3) by adding at the end the following: ``(d) Use of Gifts, Devises, or Bequests of Money or Other Property.--Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.''. (d) Limitation on Authority.--Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting ``exclusive'' before ``authority''. SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT REAUTHORIZATION. The Neotropical Migratory Bird Conservation Act is amended-- (1) in section 9(c)(2) (16 U.S.C. 6108(c)(2)), by striking ``3'' and inserting ``4''; and (2) by amending section 10 (16 U.S.C. 6109) to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this Act $6,500,000 for each of fiscal years 2016 through 2020. ``(b) Use of Funds.--Of the amounts made available under subsection (a) for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United States.''. SEC. 7. PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT REAUTHORIZATION. Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C. 3774) is amended by striking ``2011'' and inserting ``2020''. SEC. 8. MAKING PUBLIC LANDS PUBLIC. (a) Availability of Funds.--Section 200303 of title 54, United States Code, is amended to read as follows: ``Sec. 200303. Availability of funds for certain projects ``Notwithstanding any other provision of this Act, the Secretary and the Secretary of Agriculture shall ensure that, of the amounts appropriated for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.''. (b) Conforming Amendments.-- (1) Availability of deposits.--Section 200302(c)(3) of title 54, United States Code, is amended by striking ``Notwithstanding section 200303 of this title, money'' and inserting ``Money''. (2) Contracts for acquisition of land and water.--Section 200308 of title 54, United States Code, is amended in the first sentence, by striking ``by section 200303 of this title''. (3) Contracts for options to acquire land and water in system.--Section 200309 of title 54, United States Code, is amended in the third sentence by striking ``by section 200303 of this title''.	Sportsmen's Conservation and Outdoor Recreation Enhancement Act This bill reauthorizes several programs supporting the conservation of wildlife habitat. The bill amends the Federal Land Transaction Facilitation Act by extending until July 25, 2022, the Department of the Interior's authority to sell certain public land and use the proceeds from those sales for acquiring land located within or adjacent to federal lands. When prioritizing the acquisition of inholdings and nonfederal lands with exceptional resources, Interior and the Department of Agriculture (USDA) must consider the extent to which an acquisition of land would increase the public availability of resources for, and the public's access to, hunting, fishing, and other recreational activities. The bill also removes from the scope of the Act land that is eligible for sale under specified public land laws. The bill reauthorizes through FY2020 the North American Wetlands Conservation Act and the Partners for Fish and Wildlife Act. The bill reauthorizes through FY2020 and revises the National Fish and Wildlife Foundation Establishment Act and the Neotropical Migratory Bird Conservation Act. Interior and USDA must ensure that specified amounts from the Land and Water Conservation Fund are made available each year for securing public access to federal land for hunting, fishing, and other recreational purposes through land transactions.	Sportsmen's Conservation and Outdoor Recreation Enhancement Act	19,786	1,412	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Sportsmen's Conservation and Outdoor Recreation Enhancement Act". <SECTION-HEADER> SENSE OF CONGRESS REGARDING NATIONAL FISH HABITAT INITIATIVE. It is the sense of Congress that the mission of the National Fish Habitat Initiative is to protect, restore, and enhance the Nation's fish populations through partnerships that foster fish habitat conservation and improve the quality of life for the American people. The national network of Fish Habitat Partnerships established under the National Fish Habitat Initiative promotes intact and healthy fish habitats. Encourages community-based projects with a goal of ensuring a broad diversity of fish and fish populations. And supports the economic significance of fish habitat resources and the recreational, subsistence, and commercial fishing linked to these resources in the United States. And the enactment by Congress of implementing legislation for the National Fish Habitat Initiative would ensure continued Federal support for the ongoing activities of the National Fish Habitat Partnerships. <SECTION-HEADER> FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION. The Federal Land Transaction Facilitation Act is amended in section 203(1) (43 USC. 2302(1)), by striking "cultural, or" and inserting "cultural, recreational access and use, or other". In section 203(2) in the matter preceding subparagraph , by striking "on the date of enactment of this Act was" and inserting "is". In section 205 in subsection (a), by striking "section 206" and all that follows through the period and inserting the following: "section 206 to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976. Not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2015, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1), and to maintain the database referred to in paragraph .", and in subsection (d), by striking "11" and inserting "22". In section 206(c)(2) (43 USC. 2305(c)(2)), by adding at the end the following: Any funds made available under subparagraph that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.". In section 206(c)(3) (43 USC. 2305(c)(3)) by inserting after subparagraph (A) the following: the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities, ". And by redesignating subparagraphs (B), (C), and as subparagraphs (C), (D), and (E). In section 206(f) (43 USC. 2305(f)), by amending paragraph (2) to read as follows: any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt .". And in section 207(b) (43 USC. 2306(b)) in paragraph (1) by striking "96-568" and inserting "96-586", and by striking ", or" and inserting a semicolon, in paragraph (2) by inserting "Public Law 105-263, " before "112 Stat.". And by striking the period at the end and inserting a semicolon. And by adding at the end the following: the White Pine County Conservation, Recreation, and Development Act of 2006, the Lincoln County Conservation, Recreation, and Development Act of 2004. Subtitle F of title I of the Omnibus Public Land Management Act of 2009. Subtitle O of title I of the Omnibus Public Land Management Act of 2009. Section 2601 of the Omnibus Public Land Management Act of 2009. Or section 2606 of the Omnibus Public Land Management Act of 2009 .". <SECTION-HEADER> NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION. Section 7(c) of the North American Wetlands Conservation Act (16 USC. 4406(c)) is amended by striking "not to exceed " and all that follows through paragraph (5) and inserting "not to exceed $50,000,000 for each of fiscal years 2016 through 2020.". <SECTION-HEADER> NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT REAUTHORIZATION. Board of Directors of the Foundation. In general. Section 3 of the National Fish and Wildlife Foundation Establishment Act is amended in subsection (b) by striking paragraph (2) and inserting the following: In general. After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources. And represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.". And by striking paragraph (3) and inserting the following: Terms. Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.". And in subsection (g)(2) in subparagraph (A), by striking "(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers" and inserting the following: In general. Officers". And by striking subparagraph (B) and inserting the following: Executive director. The Foundation shall have an Executive Director who shall be appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation. And knowledgeable and experienced in matters relating to fish and wildlife conservation.". Conforming amendment. Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 USC. 4403(a)(1)(B)) is amended by striking "Secretary of the Board" and inserting "Executive Director of the Board". Rights and Obligations of the Foundation. Section 4 of the National Fish and Wildlife Foundation Establishment Act is amended in subsection (c) by striking "(c) Powers. To carry out its purposes under" and inserting the following: Powers. In general. To carry out the purposes described in". By redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately. In subparagraph (D) (as redesignated by subparagraph (B)), by striking "that are insured by an agency or instrumentality of the United States" and inserting "at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation". In subparagraph (E) (as redesignated by subparagraph (B)), by striking "paragraph (3) or (4)" and inserting "subparagraph (C) or (D)". In subparagraph (J) (as redesignated by subparagraph (B)), by striking ", and" and inserting a semicolon. By striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. And to do acts necessary to carry out the purposes of the Foundation.". And by striking the undesignated matter at the end and inserting the following: Treatment of real property. In general. For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. Encumbered real property. A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. Savings clause. The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.", by striking subsections (f) and (g). And by redesignating subsections (h) and (i) as subsections and (g), respectively. Authorization of Appropriations. Section 10 of the National Fish and Wildlife Foundation Establishment Act is amended in subsection (a), by striking paragraph (1) and inserting the following: In general. There are authorized to be appropriated to carry out this Act for each of fiscal years 2016 through 2020 $15,000,000 to the Secretary of the Interior, $5,000,000 to the Secretary of Agriculture, and $5,000,000 to the Secretary of Commerce.". In subsection (b) by striking paragraph (1) and inserting the following: Amounts from federal agencies. In general. In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. Advances. Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. Management fees. The Foundation may assess and collect fees for the management of amounts received under this paragraph.". In paragraph (2) in the paragraph heading, by striking "funds" and inserting "amounts", by striking "shall be used" and inserting "may be used". And by striking "and State and local government agencies" and inserting ", State and local government agencies, and other entities". And by adding at the end the following: Administration of amounts. In general. In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is to address an environmental emergency resulting from a natural or other disaster. Or as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. Reports. The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.". And by adding at the end the following: Use of Gifts, Devises, or Bequests of Money or Other Property. Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended , without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.". Limitation on Authority. Section 11 of the National Fish and Wildlife Foundation Establishment Act is amended by inserting "exclusive" before "authority". <SECTION-HEADER> NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT REAUTHORIZATION. The Neotropical Migratory Bird Conservation Act is amended in section 9(c)(2) (16 USC. 6108(c)(2)), by striking "3" and inserting "4". And by amending section 10 to read as follows: "Section 10. AUTHORIZATION OF APPROPRIATIONS. In General. There is authorized to be appropriated to carry out this Act $6,500,000 for each of fiscal years 2016 through 2020. Use of Funds. Of the amounts made available under subsection for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United States.". <SECTION-HEADER> PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT REAUTHORIZATION. Section 5 of the Partners for Fish and Wildlife Act is amended by striking "2011" and inserting "2020". <SECTION-HEADER> MAKING PUBLIC LANDS PUBLIC. Availability of Funds. Section 200303 of title 54, United States Code, is amended to read as follows: "Section 200303. Availability of funds for certain projects "Notwithstanding any other provision of this Act, the Secretary and the Secretary of Agriculture shall ensure that, of the amounts appropriated for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.". Conforming Amendments. Availability of deposits. Section 200302(c)(3) of title 54, United States Code, is amended by striking "Notwithstanding section 200303 of this title, money" and inserting "Money". Contracts for acquisition of land and water. Section 200308 of title 54, United States Code, is amended in the first sentence, by striking "by section 200303 of this title". Contracts for options to acquire land and water in system. Section 200309 of title 54, United States Code, is amended in the third sentence by striking "by section 200303 of this title".	Sportsmen's Conservation and Outdoor Recreation Enhancement Act This bill reauthorizes several programs supporting the conservation of wildlife habitat. The bill amends the Federal Land Transaction Facilitation Act by extending until July 25, 2022, the Department of the Interior's authority to sell certain public land and use the proceeds from those sales for acquiring land located within or adjacent to federal lands. When prioritizing the acquisition of inholdings and nonfederal lands with exceptional resources, Interior and the Department of Agriculture (USDA) must consider the extent to which an acquisition of land would increase the public availability of resources for, and the public's access to, hunting, fishing, and other recreational activities. The bill also removes from the scope of the Act land that is eligible for sale under specified public land laws. The bill reauthorizes through FY2020 the North American Wetlands Conservation Act and the Partners for Fish and Wildlife Act. The bill reauthorizes through FY2020 and revises the National Fish and Wildlife Foundation Establishment Act and the Neotropical Migratory Bird Conservation Act. Interior and USDA must ensure that specified amounts from the Land and Water Conservation Fund are made available each year for securing public access to federal land for hunting, fishing, and other recreational purposes through land transactions.	Sportsmen's Conservation and Outdoor Recreation Enhancement Act
105_hr2442	SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997''. Sec. 2. (a) Section 240A, subsection (e), of the Immigration and Nationality Act is amended-- (1) in the first sentence, by striking ``this section'' and inserting in lieu thereof ``section 240A(b)(1)''; (2) by striking ``, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility act of 1996),''; and (3) by striking the last sentence in the subsection and inserting in lieu thereof ``The previous sentence shall apply only to removal cases commenced on or after April 1, 1997, including cases where the Attorney General exercises authority pursuant to paragraph (2) or (3) of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009).''. (b) Section 309, subsection (c), of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009) is amended by striking paragraph (7). (c) Section 240A of the Immigration and Nationality Act is amended-- (1) in subsection (b), paragraph (3), by striking ``(1) or (2)'' in the first and third sentences of that paragraph and inserting in lieu thereof ``(1), (2), or (3)''; (2) in subsection (b), by redesignating paragraph (3) as paragraph (4); (3) in subsection (d), paragraph (1), by striking ``this section.'' and inserting in lieu thereof ``subsections (a), (b)(1), and (b)(2).''; and (4) in subsection (b), by adding after paragraph (2) the following new paragraph: ``(3) Special rule for certain aliens.-- ``(A) The Attorney General may, in his or her discretion, cancel removal and adjust the status from such cancellation in the case of an alien who is removable from the United States if the alien demonstrates that-- ``(i) the alien has not been convicted at any time of an aggravated felony, and-- ``(I) is a Haitian-- ``(aa) who filed an application for asylum with the Immigration and Naturalization Service before October 15, 1994, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997; or ``(bb) who was paroled into the United States prior to October 15, 1994, to file an application for asylum; ``(II) was not apprehended after December 19, 1990, at the time of entry, and is either-- ``(aa) a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the ABC settlement agreement on or before October 31, 1991, or applied for Temporary Protected Status on or before October 31, 1991; or ``(bb) a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to the ABC settlement agreement by December 31, 1991; or ``(cc) the spouse or unmarried son or daughter of an alien described in (aa) who entered the United States on or before September 19, 1990, or the spouse or unmarried son or daughter of an alien described in (bb) who entered the United States on or before October 1, 1990; or ``(III) is a Nicaraguan, Guatemalan, or Salvadoran who filed an application for asylum with the Immigration and Naturalization Service before April 1, 1990, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997; and ``(ii) the alien is not described in paragraph (4) of section 237(a) or paragraph (3) of section 212(a) of the Act; and ``(iii) the alien-- ``(I) is removable under any law of the United States except the provisions specified in subclause (II) of this clause, has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or ``(II) is removable under paragraph (2) (other than section 237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of section 237(a), or paragraph (2) of section 212(a), has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent or child, who is a citizen of the United States, or an alien lawfully admitted for permanent residence. ``(B) Subsection (d) of this section shall not apply to determinations under this paragraph, and an alien shall not be considered to have failed to maintain continuous physical presence in the United States under clause (A)(iii) of this paragraph if the alien demonstrates that the absence from the United States was brief, casual, and innocent, and did not meaningfully interrupt the continuous physical presence.''. (d) The amendments made by this section shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009). Sec. 3. Any alien who has become eligible for suspension of deportation or cancellation of removal as a result of the amendments made by section 2, may, notwithstanding any other limitations on motions to reopen imposed by the Immigration and Nationality Act or by regulation, file one motion to reopen to apply for suspension of deportation or cancellation of removal. The Attorney General shall designate a specific time period in which all such motions to reopen must be filed. The period must begin no later than 120 days after the date of enactment of this Act and shall extend for a period of 180 days.	Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal and adjust the status of certain Haitian and Central American aliens.	Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997	10,313	249	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997". <SECTION-HEADER> (a) Section 240A, subsection (e), of the Immigration and Nationality Act is amended in the first sentence, by striking "this section" and inserting in lieu thereof "section 240A(b)(1)". By striking ", nor suspend the deportation and adjust the status under section 244(a) ,". And by striking the last sentence in the subsection and inserting in lieu thereof "The previous sentence shall apply only to removal cases commenced on or after April 1, 1997, including cases where the Attorney General exercises authority pursuant to paragraph (2) or (3) of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 .". Section 309, subsection (c), of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by striking paragraph (7). Section 240A of the Immigration and Nationality Act is amended in subsection (b), paragraph (3), by striking "(1) or " in the first and third sentences of that paragraph and inserting in lieu thereof "(1), (2), or (3)", in subsection (b), by redesignating paragraph (3) as paragraph (4). In subsection (d), paragraph (1), by striking "this section." and inserting in lieu thereof "subsections (a), (1), and (b)(2).". And in subsection (b), by adding after paragraph (2) the following new paragraph: Special rule for certain aliens. The Attorney General may, in his or her discretion, cancel removal and adjust the status from such cancellation in the case of an alien who is removable from the United States if the alien demonstrates that the alien has not been convicted at any time of an aggravated felony, and is a Haitian who filed an application for asylum with the Immigration and Naturalization Service before October 15, 1994, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997. Or who was paroled into the United States prior to October 15, 1994, to file an application for asylum. Was not apprehended after December 19, 1990, at the time of entry, and is either a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the ABC settlement agreement on or before October 31, 1991, or applied for Temporary Protected Status on or before October 31, 1991. Or a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to the ABC settlement agreement by December 31, 1991. Or the spouse or unmarried son or daughter of an alien described in (aa) who entered the United States on or before September 19, 1990, or the spouse or unmarried son or daughter of an alien described in (bb) who entered the United States on or before October 1, 1990. Or is a Nicaraguan, Guatemalan, or Salvadoran who filed an application for asylum with the Immigration and Naturalization Service before April 1, 1990, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997. And the alien is not described in paragraph (4) of section 237(a) or paragraph of section 212(a) of the Act. And the alien is removable under any law of the United States except the provisions specified in subclause (II) of this clause, has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. Or is removable under paragraph (other than section 237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of section 237(a), or paragraph (2) of section 212(a), has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent or child, who is a citizen of the United States, or an alien lawfully admitted for permanent residence. Subsection (d) of this section shall not apply to determinations under this paragraph, and an alien shall not be considered to have failed to maintain continuous physical presence in the United States under clause (A)(iii) of this paragraph if the alien demonstrates that the absence from the United States was brief, casual, and innocent, and did not meaningfully interrupt the continuous physical presence.". The amendments made by this section shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 . <SECTION-HEADER> Any alien who has become eligible for suspension of deportation or cancellation of removal as a result of the amendments made by section 2, may, notwithstanding any other limitations on motions to reopen imposed by the Immigration and Nationality Act or by regulation, file one motion to reopen to apply for suspension of deportation or cancellation of removal. The Attorney General shall designate a specific time period in which all such motions to reopen must be filed. The period must begin no later than 120 days after the date of enactment of this Act and shall extend for a period of 180 days.	Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal and adjust the status of certain Haitian and Central American aliens.	Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997
105_s2182	SECTION 1. TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES. (a) Permitted Open Access Transactions Not a Private Business Use.--Section 141(b)(6) of the Internal Revenue Code of 1986 (defining private business use) is amended by adding at the end the following: ``(C) Permitted open access transactions not a private business use.-- ``(i) In general.--For purposes of this subsection, the term `private business use' shall not include a permitted open access transaction. ``(ii) Permitted open access transaction defined.--For purposes of clause (i), the term `permitted open access transaction' means any of the following transactions or activities with respect to an electric output facility (as defined in subsection (f)(5)(A)) owned or leased by a governmental unit or in which a governmental unit has capacity rights: ``(I) Providing open access transmission services and ancillary services that meet the reciprocity requirements of Federal Energy Regulatory Commission Order No. 888, or that are ordered by the Federal Energy Regulatory Commission, or that are provided in accordance with a transmission tariff of an independent system operator approved by such Commission, or are consistent with state administered laws, rules or orders providing for open transmission access. ``(II) Participation in an independent system operator agreement, regional transmission group, or power exchange agreement approved by such Commission. ``(III) Delivery on an open access basis of electric energy sold by other entities to end-users served by such governmental unit's distribution facilities. ``(IV) If open access service is provided under subclause (I) or (III), the sale of electric output of electric output facilities on terms other than those available to the general public if such sale is (1) to an on-system purchaser, (2) an existing off-system sale, or (3) a qualifying load loss sale. ``(V) Such other transactions or activities as may be provided in regulations prescribed by the Secretary. ``(iii) Qualifying load loss sale.--For purposes of clause (ii)(IV), a sale of electric energy by a governmental unit is a qualifying load loss sale in any calendar year after 1997, if it is a new off-system sale, and the aggregate of new off-system sales in such year does not exceed lost load, and if the term of the sale does not exceed three years, and such governmental unit has elected under subsection (f)(2) to suspend issuance of certain tax- exempt bonds for not less than the term of the sale (or for any period equal to the term of the sale that includes the first year of the sale). ``(iv) Other definitions; special rules.-- For purposes of this subparagraph-- ``(I) On-system purchaser.--The term `on-system purchaser' means a person who purchases electric energy from a governmental unit and who is directly connected with transmission or distribution facilities that are owned or leased by such governmental unit or in which such governmental unit has capacity rights that are treated under FERC tariffs or existing contracts as equivalent to ownership. ``(II) Off-system purchaser.--The term `off-system purchaser' means a purchaser of electric energy from a governmental unit other than an on- system purchaser. ``(III) Existing off-system sale.-- The term `existing off-system sale' means a sale of electric energy to a person that was an off-system purchaser of electric energy in the base year, but not in excess of the KWH purchased by such person in such year. ``(IV) New off-system sale.--The term `new off-system sale' means an off-system sale other than an existing off-system sale. ``(V) Lost load.--The term `lost load' for the purposes of determining qualifying load loss sales for any year, means the amount (if any) by which (1) the sum of on-system sales of electric energy and existing off-system sales of electric energy in such year is less than (2) the sum of such sales of electric energy in the base year. ``(VI) Base year.--The term `base year' means 1997 (or, at the election of such unit, in 1995 or 1996). ``(VII) Joint action agencies.--A member of a joint action agency that is entitled to make a qualifying load loss sale in a year may transfer that entitlement to the joint action agency in accordance with rules of the Secretary.''. (b) Election To Terminate Tax Exempt Financing.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by adding at the end the following: ``(f) Election To Terminate or Suspend Tax-Exempt Bond Financing for Certain Electric Output Facilities.-- ``(1) Termination election.--An issuer may make an irrevocable election under this paragraph to terminate certain tax-exempt financing for electric output facilities. If the issuer makes such election, then-- ``(A) except as provided in paragraph (3), no bond the interest on which is exempt from tax under section 103 may be issued on or after the date of such election with respect to an electric output facility; and ``(B) notwithstanding paragraph (1) or (2) of subsection (a) or paragraph (5) of subsection (b), with respect to an electric output facility no bond that was issued before the date of enactment of this subsection, the interest on which was exempt from tax on such date, shall be treated as a private activity bond, for so long as such facility continues to be owned by a governmental unit. ``(2) Suspension election.--For purposes of subsection (b)(6)(C)(iii), an issuer may elect to suspend certain tax- exempt financing for electric output facilities for a calendar year. If the issuer makes such election, then (except as provided in paragraph (3)) no bond, the interest on which is exempt from tax under section 103, may be issued in such calendar year with respect to an electric output facility. ``(3) Exceptions.--An election under paragraph (1) or (2) does not apply to-- ``(A) any qualified bond (as defined in subsection (e)), ``(B) any eligible refunding bond, or ``(C) any bond issued to finance a qualifying T&D facility, or ``(D) any bond issued to finance repairs or pollution control equipment for electric output facilities. Repairs cannot increase by more than a de minimis degree the capacity of the facility beyond its original design. ``(4) Form and effect of elections.--An election under paragraph (1) or (2) shall be made in such a manner as the Secretary prescribes and shall be binding on any successor in interest to the issuer. ``(5) Definitions.--For purposes of this subsection-- ``(A) Electric output facility.--The term `electric output facility' means an output facility that is an electric generation, transmission, or distribution facility. ``(B) Eligible refunding bond.--The term `eligible refunding bond' means state or local bonds issued after an election described in paragraph (1) or (2) that directly or indirectly refund state or local bonds issued before such election, if the weighted average maturity of the refunding bonds do not exceed the remaining weighted average maturity of the bonds issued before the election. ``(C) Qualifying t&d facility.--The term `qualifying T&D facility' means-- ``(i) transmission facilities over which services described in subsection (b)(6)(C)(ii)(I) are provided, or ``(ii) distribution facilities over which services described in subsection (b)(6)(C)(ii)(III) are provided.'' (c) Effective Date, Applicability, and Transition Rules.-- (1) Effective date.--The amendments made by this section take effect on the date of enactment of this Act, except that a governmental unit may elect to apply section 141(b)(6)(C) of the Internal Revenue Code of 1986, as added by subsection (a), with respect to permitted open access transactions on or after July 9, 1996. (2) Applicability.--References in the Act to sections of the Internal Revenue Code of 1986, as amended, shall be deemed to include references to comparable sections of the Internal Revenue Code of 1954, as amended. (3) Transition rules.-- (A) Private business use.--Any activity that was not a private business use prior to the effective date of the amendment made by subsection (a) shall not be deemed to be a private business use by reason of the enactment of such amendment. (B) Election.--An issuer making the election under section 141(f) of the Internal Revenue Code of 1986, as added by subsection (b), shall not be liable under any contract in effect on the date of enactment of this Act for any claim under section 141(f) of such Code arising from having made the election. (d) Short Title.--This Act may be cited as the ``Private Use Competition Reform Act of 1998''.	Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities.	A bill to amend the Internal Revenue Code of 1986 to provide tax-exempt bond financing of certain electric facilities.	13,436	354	<SECTION-HEADER> TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES. Permitted Open Access Transactions Not a Private Business Use. Section 141(b)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Permitted open access transactions not a private business use. In general. For purposes of this subsection, the term `private business use' shall not include a permitted open access transaction. Permitted open access transaction defined. For purposes of clause (i), the term `permitted open access transaction' means any of the following transactions or activities with respect to an electric output facility (as defined in subsection (f)(5)(A)) owned or leased by a governmental unit or in which a governmental unit has capacity rights: Providing open access transmission services and ancillary services that meet the reciprocity requirements of Federal Energy Regulatory Commission Order No. 888, or that are ordered by the Federal Energy Regulatory Commission, or that are provided in accordance with a transmission tariff of an independent system operator approved by such Commission, or are consistent with state administered laws, rules or orders providing for open transmission access. Participation in an independent system operator agreement, regional transmission group, or power exchange agreement approved by such Commission. Delivery on an open access basis of electric energy sold by other entities to end-users served by such governmental unit's distribution facilities. If open access service is provided under subclause (I) or (III), the sale of electric output of electric output facilities on terms other than those available to the general public if such sale is (1) to an on-system purchaser, (2) an existing off-system sale, or (3) a qualifying load loss sale. Such other transactions or activities as may be provided in regulations prescribed by the Secretary. Qualifying load loss sale. For purposes of clause (ii)(IV), a sale of electric energy by a governmental unit is a qualifying load loss sale in any calendar year after 1997, if it is a new off-system sale, and the aggregate of new off-system sales in such year does not exceed lost load, and if the term of the sale does not exceed three years, and such governmental unit has elected under subsection (2) to suspend issuance of certain tax- exempt bonds for not less than the term of the sale . Other definitions. Special rules. For purposes of this subparagraph On-system purchaser. The term `on-system purchaser' means a person who purchases electric energy from a governmental unit and who is directly connected with transmission or distribution facilities that are owned or leased by such governmental unit or in which such governmental unit has capacity rights that are treated under FERC tariffs or existing contracts as equivalent to ownership. Off-system purchaser. The term `off-system purchaser' means a purchaser of electric energy from a governmental unit other than an on- system purchaser. Existing off-system sale. The term `existing off-system sale' means a sale of electric energy to a person that was an off-system purchaser of electric energy in the base year, but not in excess of the KWH purchased by such person in such year. New off-system sale. The term `new off-system sale' means an off-system sale other than an existing off-system sale. Lost load. The term `lost load' for the purposes of determining qualifying load loss sales for any year, means the amount by which (1) the sum of on-system sales of electric energy and existing off-system sales of electric energy in such year is less than (2) the sum of such sales of electric energy in the base year. Base year. The term `base year' means 1997 . Joint action agencies. A member of a joint action agency that is entitled to make a qualifying load loss sale in a year may transfer that entitlement to the joint action agency in accordance with rules of the Secretary.". Election To Terminate Tax Exempt Financing. Section 141 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Election To Terminate or Suspend Tax-Exempt Bond Financing for Certain Electric Output Facilities. Termination election. An issuer may make an irrevocable election under this paragraph to terminate certain tax-exempt financing for electric output facilities. If the issuer makes such election, then except as provided in paragraph (3), no bond the interest on which is exempt from tax under section 103 may be issued on or after the date of such election with respect to an electric output facility. And notwithstanding paragraph (1) or (2) of subsection (a) or paragraph (5) of subsection (b), with respect to an electric output facility no bond that was issued before the date of enactment of this subsection, the interest on which was exempt from tax on such date, shall be treated as a private activity bond, for so long as such facility continues to be owned by a governmental unit. Suspension election. For purposes of subsection (6)(C)(iii), an issuer may elect to suspend certain tax- exempt financing for electric output facilities for a calendar year. If the issuer makes such election, then (except as provided in paragraph (3)) no bond, the interest on which is exempt from tax under section 103, may be issued in such calendar year with respect to an electric output facility. Exceptions. An election under paragraph (1) or (2) does not apply to any qualified bond (as defined in subsection ), any eligible refunding bond, or any bond issued to finance a qualifying TD facility, or any bond issued to finance repairs or pollution control equipment for electric output facilities. Repairs cannot increase by more than a de minimis degree the capacity of the facility beyond its original design. Form and effect of elections. An election under paragraph (1) or (2) shall be made in such a manner as the Secretary prescribes and shall be binding on any successor in interest to the issuer. Definitions. For purposes of this subsection Electric output facility. The term `electric output facility' means an output facility that is an electric generation, transmission, or distribution facility. Eligible refunding bond. The term `eligible refunding bond' means state or local bonds issued after an election described in paragraph (1) or (2) that directly or indirectly refund state or local bonds issued before such election, if the weighted average maturity of the refunding bonds do not exceed the remaining weighted average maturity of the bonds issued before the election. Qualifying td facility. The term `qualifying TD facility' means transmission facilities over which services described in subsection (6)(C)(ii)(I) are provided, or distribution facilities over which services described in subsection (6)(C)(ii)(III) are provided." Effective Date, Applicability, and Transition Rules. Effective date. The amendments made by this section take effect on the date of enactment of this Act, except that a governmental unit may elect to apply section 141(b)(6)(C) of the Internal Revenue Code of 1986, as added by subsection (a), with respect to permitted open access transactions on or after July 9, 1996. Applicability. References in the Act to sections of the Internal Revenue Code of 1986, as amended, shall be deemed to include references to comparable sections of the Internal Revenue Code of 1954, as amended. Transition rules. Private business use. Any activity that was not a private business use prior to the effective date of the amendment made by subsection (a) shall not be deemed to be a private business use by reason of the enactment of such amendment. Election. An issuer making the election under section 141(f) of the Internal Revenue Code of 1986, as added by subsection (b), shall not be liable under any contract in effect on the date of enactment of this Act for any claim under section 141(f) of such Code arising from having made the election. Short Title. This Act may be cited as the "Private Use Competition Reform Act of 1998".	Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities.	A bill to amend the Internal Revenue Code of 1986 to provide tax-exempt bond financing of certain electric facilities.
113_hr3706	SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Child Abuse Act Reauthorization Act of 2013''. SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. (a) Reauthorization.--Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is amended-- (1) in subsection (a), by striking ``$15,000,000 for each of fiscal years 2004 and 2005'' and inserting ``$17,500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018''; and (2) in subsection (b), by striking ``fiscal years 2004 and 2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and 2018''. (b) Accountability.--Subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended by adding at the end the following: ``SEC. 214C. ACCOUNTABILITY. ``All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. ``(B) Audit.--The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. ``(D) Priority.--In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. ``(E) Reimbursement.--If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall-- ``(i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Nonprofit organization requirements.-- ``(A) Definition.--For purposes of this paragraph, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Administrator may not award a grant under any grant program described in this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this subtitle and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. ``(3) Conference expenditures.-- ``(A) Limitation.--No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.''.	Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program. (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs. And (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an unresolved audit finding as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials.	Victims of Child Abuse Act Reauthorization Act of 2013	6,742	2,847	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Victims of Child Abuse Act Reauthorization Act of 2013". <SECTION-HEADER> IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. Reauthorization. Section 214B of the Victims of Child Abuse Act of 1990 is amended in subsection (a), by striking "$15,000,000 for each of fiscal years 2004 and 2005" and inserting "$17,500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018". And in subsection (b), by striking "fiscal years 2004 and 2005" and inserting "fiscal years 2014, 2015, 2016, 2017, and 2018". Accountability. Subtitle A of the Victims of Child Abuse Act of 1990 is amended by adding at the end the following: "Section 214C. ACCOUNTABILITY. "All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: Audit requirement. Definition. In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Audit. The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. Mandatory exclusion. A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. Priority. In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. Reimbursement. If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury. And seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. Nonprofit organization requirements. Definition. For purposes of this paragraph, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Prohibition. The Administrator may not award a grant under any grant program described in this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. Disclosure. Each nonprofit organization that is awarded a grant under this subtitle and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. Conference expenditures. Limitation. No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. Written approval. Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. Report. The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.".	Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program. (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs. And (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an unresolved audit finding as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials.	Victims of Child Abuse Act Reauthorization Act of 2013
111_s253	SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix Housing First Homebuyer Tax Credit Act''. SEC. 2. EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT. (a) Elimination of First-Time Homebuyer Requirement.-- (1) In general.--Subsection (a) of section 36 of the Internal Revenue Code of 1986, as added by section 3011 of the Housing and Economic Recovery Act of 2008, is amended by striking ``who is a first-time homebuyer of a principal residence'' and inserting ``who purchases a principal residence''. (2) Conforming amendments.-- (A) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (B) Section 36 of such Code is amended by striking ``first-time homebuyer credit'' in the heading and inserting ``home purchase credit''. (C) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item: ``Sec. 36. Home purchase credit.''. (D) Subparagraph (W) of section 26(b)(2) of such Code is amended by striking ``homebuyer credit'' and inserting ``home purchase credit''. (b) Elimination of Recapture Except for Homes Sold Within 3 Years.--Subsection (f) of section 36 of the Internal Revenue Code of 1986, as so added, is amended to read as follows: ``(f) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 36 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 36-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (c) Expansion of Application Period.--Subsection (h) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking ``July 1, 2009'' and inserting ``December 31, 2009''. (d) Election To Treat Purchase in Prior Year.--Subsection (g) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking ``July 1, 2009'' and inserting ``December 31, 2009''. (e) Modification of Credit Amount.-- (1) In general.--Subparagraph (A) of section 36(b)(1) of the Internal Revenue Code of 1986, as so added, is amended by striking ``$7,500'' and inserting ``the amount that is 3.5 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), including any increase in the limitation for an area determined to be a high-cost area under such section, with respect to the purchase of the qualified principal residence''. (2) Conforming amendments.--Paragraph (1) of section 36(b) of such Code is amended-- (A) by striking ``$3,750'' in subparagraph (B) and inserting ``1.75 percent'', (B) by striking ``$7,500'' in subparagraph (B) and inserting ``3.5 percent'', and (C) by striking ``$7,500'' in subparagraph (C) and inserting ``the amount described in subparagraph (A)''. (f) Modification of Income Limitation.--Subclause (II) of section 36(b)(2)(i) of the Internal Revenue Code of 1986, as so added, is amended by striking ``$75,000 ($150,000 in the case of a joint return)'' and inserting ``$125,000 ($250,000 in the case of a joint return)''. (g) Availability of Credit for Transfer.--Section 36 of the Internal Revenue Code of 1986, as so added, is amended by redesignating subsections (g) and (h), as amended by this section, as subsections (h) and (i), respectively, and by inserting after subsection (f) the following new subsection: ``(g) Transfer of Credit.-- ``(1) In general.--A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of-- ``(A) the downpayment of any portion of the purchase price of the principal residence, ``(B) mortgage, flood, and hazard insurance premiums in connection with the purchase and paid at or before closing, ``(C) interest on any debt incurred to purchase the residence, ``(D) State and local real property taxes paid in connection with the purchase, and ``(E) funding fees paid to the Department of Veterans Affairs in connection with the purchase. ``(2) Credit transfer mechanism.-- ``(A) In general.--Not less than 60 days after the date of the enactment of this subsection, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to-- ``(i) certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer, ``(ii) certify the credit transfer amount which will be paid to the transferee, and ``(iii) require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount. Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased. For purposes of determining the credit transfer amount under clause (ii), the Secretary may estimate the taxpayer's modified adjusted gross income for the taxable year (as described in subsection (b)(2)) based on the taxpayer's modified adjusted gross income (as so described) for the preceding taxable year. ``(B) Timely receipt.--The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer. ``(3) Payment of interest.-- ``(A) In general.--Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B). ``(B) Amount of interest.--Interest under subparagraph (A) shall be allowed and paid-- ``(i) from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and ``(ii) at the overpayment rate established under section 6621. ``(C) Exception.--This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary. ``(4) Recapture of transfer amount.--If the credit transfer amount paid to the transferee exceeds the amount of the credit allowable under subsection (a) to the taxpayer, the taxpayer's tax imposed by this chapter for the taxable year shall be increased by the amount of such excess. ``(5) Effect on legal rights and obligations.--Nothing in this subsection shall be construed to-- ``(A) require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or ``(B) prevent a lender from altering the terms of a loan (including the rate, points, fees, and other costs) due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount.''. (h) Allowance of Credit for Residences Financed by Proceeds From State or Local Bonds.--Subsection (d) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (i) Effective Date.--The amendments made by this section shall apply to residences purchased on or after December 31, 2008, in taxable years ending on or after such date.	Fix Housing First Homebuyer Tax Credit Act - Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement. (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within three years of purchase. (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate. (4) extending the period for purchasing a residence until December 31, 2009. (5) allowing taxpayers who purchase a residence before 2010 to claim such credit on either their 2008 or 2009 tax returns. (6) increasing the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount. (7) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence. And (8) extending eligibility for the credit to taxpayers who purchase residences financed with state and local tax-exempt bonds.	A bill to amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes.	12,600	1,132	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fix Housing First Homebuyer Tax Credit Act". <SECTION-HEADER> EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT. Elimination of First-Time Homebuyer Requirement. In general. Subsection (a) of section 36 of the Internal Revenue Code of 1986, as added by section 3011 of the Housing and Economic Recovery Act of 2008, is amended by striking "who is a first-time homebuyer of a principal residence" and inserting "who purchases a principal residence". Conforming amendments. Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1). (3), and (4), respectively. Section 36 of such Code is amended by striking "first-time homebuyer credit" in the heading and inserting "home purchase credit". The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item: "<SECTION-HEADER> Home purchase credit.". Subparagraph (W) of section 26(b)(2) of such Code is amended by striking "homebuyer credit" and inserting "home purchase credit". Elimination of Recapture Except for Homes Sold Within 3 Years. Subsection (f) of section 36 of the Internal Revenue Code of 1986, as so added, is amended to read as follows: Recapture of Credit in the Case of Certain Dispositions. In general. In the event that a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection , or fails to occupy such residence as the taxpayer's principal residence, at any time within 36 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. Exceptions. Death of taxpayer. Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. Involuntary conversion. Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 36-month period described in such paragraph as if such new principal residence were the converted residence. Transfers between spouses or incident to divorce. In the case of a transfer of a residence to which section 1041(a) applies paragraph (1) shall not apply to such transfer, and in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor . Relocation of members of the armed forces. Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. Joint returns. In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. Return requirement. If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.". Expansion of Application Period. Subsection (h) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking "July 1, 2009" and inserting "December 31, 2009". Election To Treat Purchase in Prior Year. Subsection (g) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking "July 1, 2009" and inserting "December 31, 2009". Modification of Credit Amount. In general. Subparagraph (A) of section 36(b)(1) of the Internal Revenue Code of 1986, as so added, is amended by striking "$7,500" and inserting "the amount that is 3.5 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 USC. 1454(a)(2)), including any increase in the limitation for an area determined to be a high-cost area under such section, with respect to the purchase of the qualified principal residence". Conforming amendments. Paragraph (1) of section 36(b) of such Code is amended by striking "$3,750" in subparagraph (B) and inserting "1.75 percent", by striking "$7,500" in subparagraph (B) and inserting "3.5 percent", and by striking "$7,500" in subparagraph (C) and inserting "the amount described in subparagraph (A)". Modification of Income Limitation. Subclause (II) of section 36(b)(2)(i) of the Internal Revenue Code of 1986, as so added, is amended by striking "$75,000 " and inserting "$125,000 ". Availability of Credit for Transfer. Section 36 of the Internal Revenue Code of 1986, as so added, is amended by redesignating subsections (g) and (h), as amended by this section, as subsections (h) and (i), respectively, and by inserting after subsection (f) the following new subsection: Transfer of Credit. In general. A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of the downpayment of any portion of the purchase price of the principal residence, mortgage, flood, and hazard insurance premiums in connection with the purchase and paid at or before closing, interest on any debt incurred to purchase the residence, State and local real property taxes paid in connection with the purchase, and funding fees paid to the Department of Veterans Affairs in connection with the purchase. Credit transfer mechanism. In general. Not less than 60 days after the date of the enactment of this subsection, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer, certify the credit transfer amount which will be paid to the transferee, and require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount. Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased. For purposes of determining the credit transfer amount under clause (ii), the Secretary may estimate the taxpayer's modified adjusted gross income for the taxable year (as described in subsection (b)(2)) based on the taxpayer's modified adjusted gross income for the preceding taxable year. Timely receipt. The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer. Payment of interest. In general. Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B). Amount of interest. Interest under subparagraph (A) shall be allowed and paid from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and at the overpayment rate established under section 6621. Exception. This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary. Recapture of transfer amount. If the credit transfer amount paid to the transferee exceeds the amount of the credit allowable under subsection (a) to the taxpayer, the taxpayer's tax imposed by this chapter for the taxable year shall be increased by the amount of such excess. Effect on legal rights and obligations. Nothing in this subsection shall be construed to require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or prevent a lender from altering the terms of a loan due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount.". Allowance of Credit for Residences Financed by Proceeds From State or Local Bonds. Subsection (d) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. Effective Date. The amendments made by this section shall apply to residences purchased on or after December 31, 2008, in taxable years ending on or after such date.	Fix Housing First Homebuyer Tax Credit Act - Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement. (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within three years of purchase. (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate. (4) extending the period for purchasing a residence until December 31, 2009. (5) allowing taxpayers who purchase a residence before 2010 to claim such credit on either their 2008 or 2009 tax returns. (6) increasing the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount. (7) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence. And (8) extending eligibility for the credit to taxpayers who purchase residences financed with state and local tax-exempt bonds.	A bill to amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes.
107_s2842	SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Self-Sufficiency Act''. SEC. 2. AMENDMENTS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by adding at the end the following: ``SEC. 422. DEMONSTRATION PROJECTS IN NATURALLY OCCURRING RETIREMENT COMMUNITIES. ``(a) Program Authorized.--The Assistant Secretary shall award grants to eligible entities to carry out 10 demonstration projects to provide comprehensive supportive services to older individuals who reside in noninstitutional residences in naturally occurring retirement communities to enhance the quality of life of such individuals and reduce the need to institutionalize such individuals. Those residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q) in naturally occurring retirement communities shall not receive services through a demonstration project under this section if such services would otherwise be provided as part of the assistance received by such residences under such section 202. ``(b) Eligible Entity.--An entity is eligible to receive a grant under this section if such entity is a nonprofit public or private agency, organization, or institution that proposes to provide services only in geographical areas considered to be low- or middle-income areas. ``(c) Priority.-- ``(1) In general.--In awarding grants under this section, the Assistant Secretary shall give priority to eligible entities that provided comprehensive supportive services in fiscal year 2002 to older individuals who resided in noninstitutional residences in naturally occurring retirement communities. ``(2) Rural areas.--Two of the 10 grants awarded under this section shall be awarded to eligible entities that propose to provide services to residents in rural areas. ``(d) Grant Period.--Each grant awarded under this section shall be awarded for a period of 4 years, with not more than $1,000,000 being awarded annually. ``(e) Application.--An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary in such form and containing such information as the Assistant Secretary may require, including a plan for continuing services provided under the grant after the grant expires. ``(f) Limitations.-- ``(1) Cost-sharing.--An eligible entity receiving a grant under this section may require cost-sharing from individuals receiving services only in a manner consistent with the requirements of title III. ``(2) Construction.--An entity may not use funds received under a grant under this section to construct or permanently improve (other than remodeling to make facilities accessible to older individuals) any building or other facility. ``(g) Definitions.--In this section: ``(1) Naturally occurring retirement community.--The term `naturally occurring retirement community' means a geographical area in which not less than 40 percent of the noninstitutional residences are occupied for not less than 10 years by heads of households who are older individuals, but does not include residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q). The definition provided for in the previous sentence may be modified by the Secretary as such definition relates to grants for rural areas. ``(2) Supportive services.--The term `supportive services' means services offered to residents that may include-- ``(A) case management; ``(B) health services and education; ``(C) nutrition services, nutrition education, meals, and meal delivery; ``(D) transportation services; ``(E) home and personal care services; ``(F) continuing adult education; ``(G) information and referral services; and ``(H) any other services and resources appropriate to enhance the quality of life of residents and reduce the need to institutionalize such individuals. ``(h) Matching Requirement.--The Assistant Secretary may not make a grant to an eligible entity under this section unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the program for which the grant was awarded, the entity will make available in cash or in-kind (directly or through donations from public or private entities) non-Federal contributions equaling 5 percent of Federal funds provided under the grant for the second year that such grant is provided, 10 percent of Federal funds provided under the grant for the third year that such grant is provided, and 15 percent of Federal funds provided under the grant for the fourth year that such grant is provided. ``(i) Report.--Not later than the beginning of the fourth year of distributing grants under this section, the Assistant Secretary shall evaluate services provided with funds under this section and submit a report to Congress summarizing the results of such evaluation and recommending what services should be taken in the future. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, not more than $10,000,000 for each of fiscal years 2003 through 2006.''.	Senior Self-Sufficiency Act - Amends Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to award four-year grants of up to $1 million each to eligible entities to carry out ten demonstration projects to provide specified comprehensive supportive services to older individuals in noninstitutional residences in naturally occurring retirement communities to enhance their quality of life and reduce the need to institutionalize them. Limits such grants to geographical areas considered low- or middle-income. Requires two of the grants to be awarded to entities proposing to provide such services to rural residents.	A bill to amend the Older Americans Act of 1965 to authorize appropriations for demonstration projects to provide supportive services to older individuals who reside in naturally occurring retirement communities.	5,732	664	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Senior Self-Sufficiency Act". <SECTION-HEADER> AMENDMENTS. Part A of title IV of the Older Americans Act of 1965 is amended by adding at the end the following: "Section 422. DEMONSTRATION PROJECTS IN NATURALLY OCCURRING RETIREMENT COMMUNITIES. Program Authorized. The Assistant Secretary shall award grants to eligible entities to carry out 10 demonstration projects to provide comprehensive supportive services to older individuals who reside in noninstitutional residences in naturally occurring retirement communities to enhance the quality of life of such individuals and reduce the need to institutionalize such individuals. Those residences for which assistance is provided under section 202 of the National Housing Act of 1959 in naturally occurring retirement communities shall not receive services through a demonstration project under this section if such services would otherwise be provided as part of the assistance received by such residences under such section 202. Eligible Entity. An entity is eligible to receive a grant under this section if such entity is a nonprofit public or private agency, organization, or institution that proposes to provide services only in geographical areas considered to be low- or middle-income areas. Priority. In general. In awarding grants under this section, the Assistant Secretary shall give priority to eligible entities that provided comprehensive supportive services in fiscal year 2002 to older individuals who resided in noninstitutional residences in naturally occurring retirement communities. Rural areas. Two of the 10 grants awarded under this section shall be awarded to eligible entities that propose to provide services to residents in rural areas. Grant Period. Each grant awarded under this section shall be awarded for a period of 4 years, with not more than $1,000,000 being awarded annually. Application. An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary in such form and containing such information as the Assistant Secretary may require, including a plan for continuing services provided under the grant after the grant expires. Limitations. Cost-sharing. An eligible entity receiving a grant under this section may require cost-sharing from individuals receiving services only in a manner consistent with the requirements of title III. Construction. An entity may not use funds received under a grant under this section to construct or permanently improve any building or other facility. Definitions. In this section: Naturally occurring retirement community. The term `naturally occurring retirement community' means a geographical area in which not less than 40 percent of the noninstitutional residences are occupied for not less than 10 years by heads of households who are older individuals, but does not include residences for which assistance is provided under section 202 of the National Housing Act of 1959 . The definition provided for in the previous sentence may be modified by the Secretary as such definition relates to grants for rural areas. Supportive services. The term `supportive services' means services offered to residents that may include case management, health services and education, nutrition services, nutrition education, meals, and meal delivery, transportation services, home and personal care services, continuing adult education, information and referral services. And any other services and resources appropriate to enhance the quality of life of residents and reduce the need to institutionalize such individuals. Matching Requirement. The Assistant Secretary may not make a grant to an eligible entity under this section unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the program for which the grant was awarded, the entity will make available in cash or in-kind non-Federal contributions equaling 5 percent of Federal funds provided under the grant for the second year that such grant is provided, 10 percent of Federal funds provided under the grant for the third year that such grant is provided, and 15 percent of Federal funds provided under the grant for the fourth year that such grant is provided. Report. Not later than the beginning of the fourth year of distributing grants under this section, the Assistant Secretary shall evaluate services provided with funds under this section and submit a report to Congress summarizing the results of such evaluation and recommending what services should be taken in the future. Authorization of Appropriations. There are authorized to be appropriated to carry out this section, not more than $10,000,000 for each of fiscal years 2003 through 2006.".	Senior Self-Sufficiency Act - Amends Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to award four-year grants of up to $1 million each to eligible entities to carry out ten demonstration projects to provide specified comprehensive supportive services to older individuals in noninstitutional residences in naturally occurring retirement communities to enhance their quality of life and reduce the need to institutionalize them. Limits such grants to geographical areas considered low- or middle-income. Requires two of the grants to be awarded to entities proposing to provide such services to rural residents.	A bill to amend the Older Americans Act of 1965 to authorize appropriations for demonstration projects to provide supportive services to older individuals who reside in naturally occurring retirement communities.
114_hr2013	SECTION 1. SHORT TITLE. This Act may be cited as the ``Fitness Integrated Into Teaching Kids Act'' or the ``FIT Kids Act''. SEC. 2. AMENDMENTS TO THE CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. Subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended to read as follows: ``Subpart 10--Physical Education ``SEC. 5501. SHORT TITLE. ``This subpart may be cited as the `Carol M. White Physical Education Program'. ``SEC. 5502. PURPOSE. ``The purpose of this subpart is to award grants to initiate, expand, and improve physical education programs for all kindergarten through 12th-grade students. ``SEC. 5503. ALLOCATION OF FUNDS. ``(a) Grants to Local Educational Agencies and Community-Based Organizations.--The Secretary shall use the funds made available to carry out this subpart, except funds reserved under subsection (b) (if any), to support grants to local educational agencies and community based organizations under section 5504. ``(b) Grants to States.--Of the funds appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve 25 percent of the amount by which such funds exceed $75,000,000 to award grants to States, on a competitive basis, in accordance with section 5505. ``SEC. 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND COMMUNITY-BASED ORGANIZATIONS. ``(a) Authorization.--The Secretary is authorized to award grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young Men's Christian Organization (YMCA) and Young Women's Christian Organization (YWCA)) to pay the Federal share of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for kindergarten through 12th-grade students by-- ``(1) providing equipment and support to enable students to participate actively in physical education activities; and ``(2) providing funds for staff and teacher training and education. ``(b) Program Elements.--A physical education program funded under this section may provide for one or more of the following: ``(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. ``(2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. ``(3) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. ``(4) Opportunities to develop positive social and cooperative skills through physical activity participation. ``(5) Instruction in healthy eating habits and good nutrition. ``(6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. ``(c) Special Rule.--For the purpose of this section, extracurricular activities, such as team sports and Reserve Officers' Training Corps (ROTC) program activities, shall not be considered as part of the curriculum of a physical education program assisted under this section. ``(d) Applications.-- ``(1) In general.--Each local educational agency or community-based organization desiring a grant under this section shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. ``(2) Private school and home-schooled students.--An application for funds under this section may provide for the participation, in the activities funded under this section, of-- ``(A) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or ``(B) home-schooled students, and their parents and teachers. ``(e) Annual Report to the Secretary.--In order to continue receiving funding after the first year of a multiyear grant under this section, the administrator of the grant for the local educational agency or community-based organization shall submit to the Secretary an annual report that-- ``(1) describes the activities conducted during the preceding year; and ``(2) demonstrates that progress has been made toward meeting State standards for physical education. ``(f) Administrative Expenses.--Not more than 5 percent of the grant funds made available to a local educational agency or community- based organization under this section for any fiscal year may be used for administrative expenses. ``(g) Federal Share.--The Federal share under this section may not exceed-- ``(1) 90 percent of the total cost of a program for the first year for which the program receives assistance under this section; and ``(2) 75 percent of such cost for the second and each subsequent such year. ``(h) Proportionality.--To the extent practicable, the Secretary shall ensure that grants awarded under this section shall be equitably distributed among local educational agencies and community-based organizations serving urban and rural areas. ``(i) Report to Congress.--Not later than 2 years after the Secretary awards the first grant under this section, the Secretary shall submit a report to Congress that-- ``(1) describes the programs assisted under this section; ``(2) documents the success of such programs in improving physical fitness; and ``(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this section. ``SEC. 5505. GRANTS TO STATES. ``(a) Authorization.--Subject to the availability of funds described in section 5503, the Secretary is authorized to award grants to States to implement comprehensive programs that address the purpose of this subpart. Such programs shall be based on-- ``(1) scientifically valid research, to the extent feasible; and ``(2) an analysis of need that considers, at a minimum, the indicators in the State's measurement system described in subsection (e). ``(b) Application.--A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include-- ``(1) an analysis of the needs of the schools and students in the State in the areas of physical activity, physical education, fitness, and nutrition, which shall include a description of, and data measuring, conditions of the State in the areas of physical activity, physical education, fitness, and nutrition; ``(2) a plan for improving the physical activity, physical education, fitness, and nutrition of students in the State, which may be part of a broader statewide child and youth plan if the plan proposes to implement activities responsive to the results of the needs analysis described in paragraph (1); and ``(3) a description of how the State will-- ``(A) develop, adopt, adapt, or implement the State's measurement system described in subsection (e), and how the State will ensure that all local educational agencies and schools in the State participate in such system; ``(B) ensure the quality and validity of the State's procedures for collecting the data needed to implement that measurement system; ``(C) coordinate the proposed activities with other Federal and State programs, which may include programs to expand learning time and for before- and after- school programming; ``(D) assist local educational agencies in aligning the activities such agencies carry out under this section with funds from other sources in order to support a coherent and nonduplicative program; and ``(E) solicit and approve applications for subgrants under subsection (g), including how the State will-- ``(i) consider the results of the analysis described in paragraph (1) in the State's distribution of subgrants; and ``(ii) address the needs of diverse geographic areas in the State, including rural and urban communities. ``(c) Reservation of Funds.--A State that receives a grant under this section shall-- ``(1) reserve not more than 5 percent of the grant funds for administration of the program implemented with such grant, technical assistance, professional development of teachers, and the development, improvement, and implementation of the State's measurement system, as described in subsection (e); and ``(2) use the remainder of grant funds to award subgrants, on a competitive basis, to eligible local applicants. ``(d) State Activities.--A State that receives a grant under this section shall-- ``(1) establish a statewide physical education requirement that is consistent with widely recognized standards; ``(2) not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide measurement system described in subsection (e) (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the progress of each local educational agency in the State on the measures described in that subsection; ``(3) not later than 18 months after receipt of the grant and annually thereafter, provide a public report to local educational agencies in the State on the data collected in the State's measurement system described in subsection (e), in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information of students; ``(4) award subgrants, consistent with subsection (g), to eligible local applicants; ``(5) use the results of the data collected in the measurement system described in subsection (e) to help subgrantees identify and address school and student needs; ``(6) provide professional development that is directly related to the fields of physical education and health education to physical education teachers and health education teachers to help ensure that children are leading healthy, active lifestyles that are conducive to effective learning; and ``(7) monitor subgrants and provide technical assistance to subgrantees on the implementation of subgrant activities. ``(e) Measurement System.--Each State that receives a grant under this section shall establish a State reporting and information system that is, to the extent practicable, part of the State's statewide longitudinal data system and with the State's system for reporting the data required under section 1111 and that measures conditions at the local educational agency level related to physical fitness, physical education, student health, and nutrition, including information on-- ``(1) the amount of time students spend in required physical education and the amount of time they spend in moderate to vigorous physical activity; ``(2) whether a local educational agency has a required, age-appropriate physical education curriculum for all students that adheres to State standards and to national guidelines adopted by the Centers for Disease Control and Prevention; ``(3) the number of physical education teachers employed by the local educational agency who are State-licensed or State- certified as physical education teachers, and the number of physical education teachers who are not so licensed or certified; ``(4) the number of schools operated by the local educational agency that have (and the number that do not have) a school health council that-- ``(A) includes parents, students, representatives of the school food authority, representatives of the school board, school administrators, and members of the public; and ``(B) meets at least monthly to promote a healthy school environment; and ``(5) the number of square feet of facilities (disaggregated by indoor and outdoor facilities) under the control or use of the agency that are primarily used for physical education and the number of square feet (so disaggregated) that are primarily used for other physical activity. ``(f) Compiling Statistics.--In compiling the statistics required pursuant to subsection (e)-- ``(1) the State shall ensure use of uniform definitions and data collection procedures for all local educational agencies statewide; ``(2) the State shall collect the data required under subsection (e) at least annually; and ``(3) the State and its subgrantees shall use the data for planning and continuous improvement of activities implemented under this section, and subgrantees may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs (so long as such indicators are aligned with the objectives of this section). ``(g) Subgrants to Eligible Local Applicants.-- ``(1) Subgrants.--A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants-- ``(A) based on need, as identified by the State's measurement system described in subsection (e); ``(B) that are of sufficient size and scope to enable such applicants to carry out approved activities; and ``(C) to implement programs that are comprehensive in nature and that promote physical activity, physical education, fitness, and nutrition. ``(2) Applications.--An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. ``(3) Priority.--In awarding subgrants under this subsection, a State shall give priority to applications that-- ``(A) demonstrate the greatest need according to the results identified by the State's measurement system described in subsection (e); and ``(B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(4) Activities of subgrantees.--Each recipient of a subgrant under this subsection shall, for the duration of the subgrant-- ``(A) carry out programs to promote physical activity, physical education, fitness, and nutrition-- ``(i) the need for which has been identified through the State's measurement system described in subsection (e); and ``(ii) that are part of a comprehensive strategy or framework to address such need; ``(B) ensure that each framework, intervention, or program selected to be implemented through the subgrant be based, if feasible, on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective; ``(C) collect and report to the State educational agency data for schools served by the subgrantee, in a manner consistent with the State's measurement system, described in subsection (e); ``(D) establish policies to expand access to quality physical activity opportunities, including local school wellness policies consistent with the requirements of section 9A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758b); and ``(E) consider and accommodate the unique needs of students with disabilities and English learners in implementing activities. ``(h) Annual State Report.--Each State that receives a grant under this section shall prepare and submit an annual report to the Secretary on the use of funds under this section. ``SEC. 5506. SUPPLEMENT, NOT SUPPLANT. ``Funds made available under this subpart shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.''.	Fitness Integrated Into Teaching Kids Act or the FIT Kids Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize and amend the Carol M. White Physical Education Program. The program is administered by the Department of Education (ED) and awards grants to local educational agencies, community-based organizations, and states to initiate, expand, and improve physical education programs for kindergarten through 12th grade students. Of the funds appropriated for the program, ED must reserve a portion to award competitive grants for states to implement comprehensive programs based on: (1) scientifically valid research, and (2) an analysis of need that considers indicators in a state system measuring conditions related to physical fitness, physical education, student health, and nutrition. A state applying for a competitive grant must submit: (1) an analysis of needs in the areas of physical activity, physical education, fitness, and nutrition, (2) a plan for improvement. And (3) a description of how the state will implement a measurement system, coordinate with other state and federal programs, assist local educational agencies, and award subgrants. States receiving competitive grants must: (1) reserve no more than 5 of the funds for administration, technical assistance, professional development for teachers, and a measurement system. And (2) use the remaining funds for competitive subgrants. States receiving grants must also: establish a statewide physical education requirement, implement a measurement system, provide a public report including data from the measurement system, award subgrants using specified criteria, use the measurement system to assist subgrantees in addressing needs, provide professional development for teachers, and monitor subgrants.	FIT Kids Act	18,646	1,812	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fitness Integrated Into Teaching Kids Act" or the "FIT Kids Act". <SECTION-HEADER> AMENDMENTS TO THE CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. Subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "Subpart 10 Physical Education "Section 5501. SHORT TITLE. "This subpart may be cited as the `Carol M. White Physical Education Program'. "Section 5502. PURPOSE. "The purpose of this subpart is to award grants to initiate, expand, and improve physical education programs for all kindergarten through 12th-grade students. "Section 5503. ALLOCATION OF FUNDS. Grants to Local Educational Agencies and Community-Based Organizations. The Secretary shall use the funds made available to carry out this subpart, except funds reserved under subsection (b) , to support grants to local educational agencies and community based organizations under section 5504. Grants to States. Of the funds appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve 25 percent of the amount by which such funds exceed $75,000,000 to award grants to States, on a competitive basis, in accordance with section 5505. "Section 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND COMMUNITY-BASED ORGANIZATIONS. Authorization. The Secretary is authorized to award grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young Men's Christian Organization (YMCA) and Young Women's Christian Organization (YWCA)) to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through 12th-grade students by providing equipment and support to enable students to participate actively in physical education activities. And providing funds for staff and teacher training and education. Program Elements. A physical education program funded under this section may provide for one or more of the following: Fitness education and assessment to help students understand, improve, or maintain their physical well-being. Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. Opportunities to develop positive social and cooperative skills through physical activity participation. Instruction in healthy eating habits and good nutrition. Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. Special Rule. For the purpose of this section, extracurricular activities, such as team sports and Reserve Officers' Training Corps (ROTC) program activities, shall not be considered as part of the curriculum of a physical education program assisted under this section. Applications. In general. Each local educational agency or community-based organization desiring a grant under this section shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. Private school and home-schooled students. An application for funds under this section may provide for the participation, in the activities funded under this section, of students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers. Or home-schooled students, and their parents and teachers. Annual Report to the Secretary. In order to continue receiving funding after the first year of a multiyear grant under this section, the administrator of the grant for the local educational agency or community-based organization shall submit to the Secretary an annual report that describes the activities conducted during the preceding year. And demonstrates that progress has been made toward meeting State standards for physical education. Administrative Expenses. Not more than 5 percent of the grant funds made available to a local educational agency or community- based organization under this section for any fiscal year may be used for administrative expenses. Federal Share. The Federal share under this section may not exceed 90 percent of the total cost of a program for the first year for which the program receives assistance under this section. And 75 percent of such cost for the second and each subsequent such year. Proportionality. To the extent practicable, the Secretary shall ensure that grants awarded under this section shall be equitably distributed among local educational agencies and community-based organizations serving urban and rural areas. Report to Congress. Not later than 2 years after the Secretary awards the first grant under this section, the Secretary shall submit a report to Congress that describes the programs assisted under this section, documents the success of such programs in improving physical fitness. And makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this section. "Section 5505. GRANTS TO STATES. Authorization. Subject to the availability of funds described in section 5503, the Secretary is authorized to award grants to States to implement comprehensive programs that address the purpose of this subpart. Such programs shall be based on scientifically valid research, to the extent feasible. And an analysis of need that considers, at a minimum, the indicators in the State's measurement system described in subsection (e). Application. A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include an analysis of the needs of the schools and students in the State in the areas of physical activity, physical education, fitness, and nutrition, which shall include a description of, and data measuring, conditions of the State in the areas of physical activity, physical education, fitness, and nutrition. A plan for improving the physical activity, physical education, fitness, and nutrition of students in the State, which may be part of a broader statewide child and youth plan if the plan proposes to implement activities responsive to the results of the needs analysis described in paragraph (1). And a description of how the State will develop, adopt, adapt, or implement the State's measurement system described in subsection (e), and how the State will ensure that all local educational agencies and schools in the State participate in such system. Ensure the quality and validity of the State's procedures for collecting the data needed to implement that measurement system. Coordinate the proposed activities with other Federal and State programs, which may include programs to expand learning time and for before- and after- school programming. Assist local educational agencies in aligning the activities such agencies carry out under this section with funds from other sources in order to support a coherent and nonduplicative program. And solicit and approve applications for subgrants under subsection (g), including how the State will consider the results of the analysis described in paragraph (1) in the State's distribution of subgrants. And address the needs of diverse geographic areas in the State, including rural and urban communities. Reservation of Funds. A State that receives a grant under this section shall reserve not more than 5 percent of the grant funds for administration of the program implemented with such grant, technical assistance, professional development of teachers, and the development, improvement, and implementation of the State's measurement system, as described in subsection (e). And use the remainder of grant funds to award subgrants, on a competitive basis, to eligible local applicants. State Activities. A State that receives a grant under this section shall establish a statewide physical education requirement that is consistent with widely recognized standards. Not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide measurement system described in subsection (e) that annually measures the progress of each local educational agency in the State on the measures described in that subsection. Not later than 18 months after receipt of the grant and annually thereafter, provide a public report to local educational agencies in the State on the data collected in the State's measurement system described in subsection (e), in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information of students, award subgrants, consistent with subsection (g), to eligible local applicants. Use the results of the data collected in the measurement system described in subsection (e) to help subgrantees identify and address school and student needs. Provide professional development that is directly related to the fields of physical education and health education to physical education teachers and health education teachers to help ensure that children are leading healthy, active lifestyles that are conducive to effective learning. And monitor subgrants and provide technical assistance to subgrantees on the implementation of subgrant activities. Measurement System. Each State that receives a grant under this section shall establish a State reporting and information system that is, to the extent practicable, part of the State's statewide longitudinal data system and with the State's system for reporting the data required under section 1111 and that measures conditions at the local educational agency level related to physical fitness, physical education, student health, and nutrition, including information on the amount of time students spend in required physical education and the amount of time they spend in moderate to vigorous physical activity. Whether a local educational agency has a required, age-appropriate physical education curriculum for all students that adheres to State standards and to national guidelines adopted by the Centers for Disease Control and Prevention. The number of physical education teachers employed by the local educational agency who are State-licensed or State- certified as physical education teachers, and the number of physical education teachers who are not so licensed or certified. The number of schools operated by the local educational agency that have a school health council that includes parents, students, representatives of the school food authority, representatives of the school board, school administrators, and members of the public. And meets at least monthly to promote a healthy school environment. And the number of square feet of facilities under the control or use of the agency that are primarily used for physical education and the number of square feet that are primarily used for other physical activity. Compiling Statistics. In compiling the statistics required pursuant to subsection (e) the State shall ensure use of uniform definitions and data collection procedures for all local educational agencies statewide. The State shall collect the data required under subsection (e) at least annually. And the State and its subgrantees shall use the data for planning and continuous improvement of activities implemented under this section, and subgrantees may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs . Subgrants to Eligible Local Applicants. Subgrants. A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants based on need, as identified by the State's measurement system described in subsection (e). That are of sufficient size and scope to enable such applicants to carry out approved activities. And to implement programs that are comprehensive in nature and that promote physical activity, physical education, fitness, and nutrition. Applications. An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. Priority. In awarding subgrants under this subsection, a State shall give priority to applications that demonstrate the greatest need according to the results identified by the State's measurement system described in subsection (e). And propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act . Activities of subgrantees. Each recipient of a subgrant under this subsection shall, for the duration of the subgrant carry out programs to promote physical activity, physical education, fitness, and nutrition the need for which has been identified through the State's measurement system described in subsection (e). And that are part of a comprehensive strategy or framework to address such need. Ensure that each framework, intervention, or program selected to be implemented through the subgrant be based, if feasible, on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective. Collect and report to the State educational agency data for schools served by the subgrantee, in a manner consistent with the State's measurement system, described in subsection (e). Establish policies to expand access to quality physical activity opportunities, including local school wellness policies consistent with the requirements of section 9A of the Richard B. Russell National School Lunch Act. And consider and accommodate the unique needs of students with disabilities and English learners in implementing activities. Annual State Report. Each State that receives a grant under this section shall prepare and submit an annual report to the Secretary on the use of funds under this section. "Section 5506. SUPPLEMENT, NOT SUPPLANT. "Funds made available under this subpart shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.".	Fitness Integrated Into Teaching Kids Act or the FIT Kids Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize and amend the Carol M. White Physical Education Program. The program is administered by the Department of Education (ED) and awards grants to local educational agencies, community-based organizations, and states to initiate, expand, and improve physical education programs for kindergarten through 12th grade students. Of the funds appropriated for the program, ED must reserve a portion to award competitive grants for states to implement comprehensive programs based on: (1) scientifically valid research, and (2) an analysis of need that considers indicators in a state system measuring conditions related to physical fitness, physical education, student health, and nutrition. A state applying for a competitive grant must submit: (1) an analysis of needs in the areas of physical activity, physical education, fitness, and nutrition, (2) a plan for improvement. And (3) a description of how the state will implement a measurement system, coordinate with other state and federal programs, assist local educational agencies, and award subgrants. States receiving competitive grants must: (1) reserve no more than 5 of the funds for administration, technical assistance, professional development for teachers, and a measurement system. And (2) use the remaining funds for competitive subgrants. States receiving grants must also: establish a statewide physical education requirement, implement a measurement system, provide a public report including data from the measurement system, award subgrants using specified criteria, use the measurement system to assist subgrantees in addressing needs, provide professional development for teachers, and monitor subgrants.	FIT Kids Act
104_s1375	SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooperator Program Act of 1995''. SEC. 2. FINDINGS, POLICY, AND PURPOSES. (a) Findings.--Congress finds that-- (1) the future prosperity of United States agriculture increasingly will be determined by access to foreign markets and, as agricultural producers of the United States move into the world market, the producers are becoming more dependent on agricultural exports; (2) despite gains made in the recently concluded Uruguay Round of trade negotiations as well as pre-existing rules under the General Agreement on Tariffs and Trade, world agricultural trade is neither free nor fair and United States agriculture will continue to face unfair trade practices in the international marketplace; (3) 11 of the major agricultural trade competitors of the United States spend a total of $500,000,000 annually on foreign market development programs for the benefit of their producers; (4) the foreign market development cooperator program of the Foreign Agricultural Service and the activities of individual foreign market cooperator organizations-- (A) have been among the most successful and cost- effective means of expanding United States agricultural exports; and (B) provide ongoing, long-term market development services to advance the economic interests of the United States; (5) the program and the activities of the cooperator organizations should be supported; (6) the Secretary of Agriculture and the private sector should work together to ensure that the program, and the activities of the cooperator organizations, are expanded in the future; and (7) as agricultural producers move into the world market, it is timely and appropriate to take steps to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture and the activities of the cooperator organizations. (b) Policy.--It is the policy of the United States that it is essential and in the public interest to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture under which eligible trade organizations funded primarily by agricultural producers cooperate with the Department in an effective, continuous, and coordinated effort to maintain and develop foreign markets for United States agricultural commodities and products. (c) Purposes.--It is the purpose of this Act to provide specific authorization for the foreign market development cooperator program of the Department of Agriculture, and establish terms governing the program, to ensure the continued effective and efficient operation of the program. SEC. 3. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM ``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION. ``In this title, the term `eligible trade organization' means a United States trade organization that-- ``(1) promotes the export of 1 or more United States agricultural commodities or products; and ``(2) does not have a business interest in or receive remuneration from specific sales of agricultural commodities or products. ``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. ``(a) In General.--The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities and products. ``(b) Cost Sharing Assistance.--The program established under subsection (a) shall be carried out through multiyear contracts or agreements between the Secretary and eligible trade organizations under which cost sharing assistance shall be provided by the Secretary to the organizations as cooperators for the conduct of foreign market development activities, and to third party cooperators, under annual marketing plans established under section 705. ``SEC. 703. ELIGIBILITY. ``(a) Eligible Trade Organizations.--To be eligible to enter into a contract or agreement with the Secretary for the conduct of foreign market development activities as a cooperator under this title, an eligible trade organization shall-- ``(1) demonstrate to the Secretary that the organization is funded primarily by United States members of the industry that the organization represents; ``(2) prepare and submit to the Secretary annually a marketing plan under section 705; and ``(3) meet other requirements established by the Secretary for participation in the program established under this title. ``(b) Criteria for Approval of Contracts and Agreements.--The Secretary may enter into a contract or agreement with an eligible trade organization for the conduct of foreign market development activities under this title only if the Secretary determines that the activities under the marketing plan of the organization-- ``(1) have a strong likelihood of achieving success in maintaining or increasing foreign consumption and imports of 1 or more United States agricultural commodities or products; ``(2) will make long-range contributions to United States agricultural exports; ``(3) focus on a commodity or commodities, or a product or products, the export of which is important to agriculture and the foreign balance of payments of the United States; ``(4) include the provision by the eligible trade organization of a competent United States-based staff and other resources to ensure adequate development, supervision, and execution of project activities; ``(5) are combined with a commitment by private organizations to support promotional activities with aggressive selling and the quantity and quality of the commodity or product involved that is desired by foreign buyers; and ``(6) are focused on markets for which the United States is in competition with other exporting countries. ``SEC. 704. COOPERATOR RESPONSIBILITIES. ``(a) Trade Servicing, Technical Assistance, and Consumer Education.-- ``(1) In general.--An eligible trade organization participating in the foreign market development cooperator program under this title shall provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of United States agricultural commodities and products, through trade servicing, technical assistance, and consumer education. ``(2) Specific goals.--Trade servicing, technical assistance, and consumer education by each eligible trade organization provided under paragraph (1) shall be designed to-- ``(A) increase foreign consumer and commercial use of the United States commodity and product involved, develop long-term foreign demand for the commodity or product, and help overcome constraints to United States exports of the commodity or product; ``(B) establish a long-term presence in foreign markets for the commodity or product; ``(C) enable foreign users of the commodity or product to enhance the competitiveness of the users, analyze markets, improve end use quality, and respond to consumption trends; ``(D) make maximum use of new technologies, including satellite transmissions, to disseminate trade information, and enhance industry technologies, that will expand demand for the commodity or product; ``(E) increase technical contact between the United States production industry for the commodity or product and foreign customers and users so as to achieve better and more accurate market analyses and trade intelligence collected in the public and private sector; ``(F) identify third parties that will contribute to the implementation of activities conducted under the annual marketing plan of the organization through cash or in-kind contributions; and ``(G) achieve other goals specified by the Secretary. ``(b) Coordination, Assistance, and Consultation.-- ``(1) Coordination and assistance.-- ``(A) Eligible trade organization.--An eligible trade organization participating in the foreign market development cooperator program established under this title shall coordinate the activities of the organization with the activities of the Foreign Agricultural Service. ``(B) Foreign agricultural service.--The Foreign Agricultural Service shall assist eligible trade organizations in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for United States agricultural commodities and products. ``(2) Consultation.--An eligible trade organization shall consult with the Foreign Agricultural Service to ensure that the annual marketing plan of the organization under this title is consistent with and complements the foreign market development activities of the Service. ``SEC. 705. ANNUAL MARKETING PLANS. ``(a) In General.--An eligible trade organization participating in and receiving assistance for any year under the foreign market development cooperator program established under this title shall develop and submit to the Secretary a marketing plan to carry out trade servicing, technical assistance, and consumer education, as provided for in section 704(a), for the year. ``(b) Requirement for Plans.--An annual marketing plan submitted by an eligible trade organization under subsection (a) shall specifically describe the manner in which assistance received by the organization, in conjunction with funds and services provided by or through the organization, will be expended in carrying out the plan. ``(c) Amendments.--An annual marketing plan may be amended at any time by the eligible trade organization with the approval of the Secretary. ``SEC. 706. OVERSIGHT. ``(a) Monitoring.--The Secretary shall monitor the expenditure of funds received by each trade organization under this title. ``(b) Reports, Books, and Records.--An eligible trade organization receiving assistance under this title shall-- ``(1) keep financial accounts of, and submit regular reports providing information on, activities conducted and funds expended under the annual marketing plan of the organization; and ``(2) make available to the Secretary for inspection, at any reasonable time and place, the books and records of the business and financial transactions of the organization. ``(c) Audits.--An eligible trade organization receiving assistance under the foreign market development cooperator program established under this title shall have an audit or financial review conducted of the activities of the organization under the program. The audit or review shall accurately account for funds and services received and expended under this title. ``(d) Evaluation.-- ``(1) In general.--The Secretary shall periodically evaluate the foreign market development activities of each eligible trade organization to determine-- ``(A) whether the organization is in compliance with the annual marketing plan of the organization; and ``(B) the effectiveness of the activities of the organization under the plan in maintaining and developing markets for United States agricultural commodities and products, taking into account the difficulty of precisely quantifying the effects of long-term trade servicing and technical assistance. ``(2) High-volume agricultural commodities and products.-- In the case of activities directed toward maintenance and development of markets for high-volume agricultural commodities and products, in performing the evaluations, the Secretary shall consider-- ``(A) the long-term benefits of a United States presence in foreign markets for the commodity or product given the benefit to the United States economy as a whole or to a strong high-volume commodity and product export sector; and ``(B) the intensity of the competition by other exporting countries in the international markets for the commodities and products. ``SEC. 707. COOPERATOR ORGANIZATIONS. ``(a) Commodities for Cooperator Organizations.--The Secretary may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by the cooperators in projects designed to expand markets for United States agricultural commodities and products. ``(b) Relationship to Funds.--Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds made available for market development activities of the cooperator organizations. ``(c) Conflicts of Interest.--The Secretary shall take appropriate action to prevent conflicts of interest among cooperator organizations participating in the foreign market development cooperator program established under this title. ``SEC. 708. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $40,000,000 for each of fiscal years 1996 through 2002.''. SEC. 4. CONFORMING AMENDMENTS. (a) Collection of Information on Foreign Markets.--Section 601 of the Act of August 28, 1954 (commonly known as the ``Agricultural Act of 1954'') (68 Stat. 908, chapter 104; 7 U.S.C. 1761) is amended-- (1) by striking ``Sec. 601. For'' and inserting the following: ``SEC. 601. COLLECTION OF INFORMATION ON FOREIGN MARKETS. ``(a) In General.--For''; and (2) by adding at the end the following: ``(b) Coordination With Foreign Market Development Cooperator Program.--The Secretary of Agriculture shall coordinate activities conducted under subsection (a) with the foreign market development cooperator program established under title VII of the Agricultural Trade Act of 1978.''. (b) Cooperator Organizations.--Section 4214 of the Agricultural Competitiveness and Trade Act of 1988 (7 U.S.C. 5234) is repealed. SEC. 5. IMPLEMENTATION AND TRANSITIONAL PROVISIONS. (a) Implementation.--The Secretary of Agriculture shall establish the foreign market development cooperator program under title VII of the Agricultural Trade Act of 1978 (as added by section 3) (referred to in this section as ``the program'') not later than 90 days after the date of enactment of this Act. (b) Transition.--In establishing the program, the Secretary shall ensure that ongoing foreign market development cooperator projects and activities are continued and appropriately incorporated into the program. (c) Transfer of Funds.--Funding made available for obligation for the ongoing projects and activities shall be transferred for use in carrying out the program. The amount made available to the Department of Agriculture for the ongoing projects and activities for fiscal year 1996 shall be adjusted to reflect the funds transferred under this subsection.	Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for US agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements. And (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of US agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to US exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for US agricultural commodities and products. And (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans, (2) oversight, and (3) cooperator organizations. Authorizes appropriations.	Cooperator Program Act of 1995	16,909	1,970	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Cooperator Program Act of 1995". <SECTION-HEADER> FINDINGS, POLICY, AND PURPOSES. Findings. Congress finds that the future prosperity of United States agriculture increasingly will be determined by access to foreign markets and, as agricultural producers of the United States move into the world market, the producers are becoming more dependent on agricultural exports. Despite gains made in the recently concluded Uruguay Round of trade negotiations as well as pre-existing rules under the General Agreement on Tariffs and Trade, world agricultural trade is neither free nor fair and United States agriculture will continue to face unfair trade practices in the international marketplace. 11 of the major agricultural trade competitors of the United States spend a total of $500,000,000 annually on foreign market development programs for the benefit of their producers. The foreign market development cooperator program of the Foreign Agricultural Service and the activities of individual foreign market cooperator organizations have been among the most successful and cost- effective means of expanding United States agricultural exports. And provide ongoing, long-term market development services to advance the economic interests of the United States. The program and the activities of the cooperator organizations should be supported. The Secretary of Agriculture and the private sector should work together to ensure that the program, and the activities of the cooperator organizations, are expanded in the future. And as agricultural producers move into the world market, it is timely and appropriate to take steps to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture and the activities of the cooperator organizations. Policy. It is the policy of the United States that it is essential and in the public interest to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture under which eligible trade organizations funded primarily by agricultural producers cooperate with the Department in an effective, continuous, and coordinated effort to maintain and develop foreign markets for United States agricultural commodities and products. Purposes. It is the purpose of this Act to provide specific authorization for the foreign market development cooperator program of the Department of Agriculture, and establish terms governing the program, to ensure the continued effective and efficient operation of the program. <SECTION-HEADER> FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. The Agricultural Trade Act of 1978 is amended by adding at the end the following: "TITLE VII FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM "Section 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION. "In this title, the term `eligible trade organization' means a United States trade organization that promotes the export of 1 or more United States agricultural commodities or products. And does not have a business interest in or receive remuneration from specific sales of agricultural commodities or products. "Section 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. In General. The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities and products. Cost Sharing Assistance. The program established under subsection (a) shall be carried out through multiyear contracts or agreements between the Secretary and eligible trade organizations under which cost sharing assistance shall be provided by the Secretary to the organizations as cooperators for the conduct of foreign market development activities, and to third party cooperators, under annual marketing plans established under section 705. "Section 703. ELIGIBILITY. Eligible Trade Organizations. To be eligible to enter into a contract or agreement with the Secretary for the conduct of foreign market development activities as a cooperator under this title, an eligible trade organization shall demonstrate to the Secretary that the organization is funded primarily by United States members of the industry that the organization represents. Prepare and submit to the Secretary annually a marketing plan under section 705. And meet other requirements established by the Secretary for participation in the program established under this title. Criteria for Approval of Contracts and Agreements. The Secretary may enter into a contract or agreement with an eligible trade organization for the conduct of foreign market development activities under this title only if the Secretary determines that the activities under the marketing plan of the organization have a strong likelihood of achieving success in maintaining or increasing foreign consumption and imports of 1 or more United States agricultural commodities or products, will make long-range contributions to United States agricultural exports. Focus on a commodity or commodities, or a product or products, the export of which is important to agriculture and the foreign balance of payments of the United States. Include the provision by the eligible trade organization of a competent United States-based staff and other resources to ensure adequate development, supervision, and execution of project activities. Are combined with a commitment by private organizations to support promotional activities with aggressive selling and the quantity and quality of the commodity or product involved that is desired by foreign buyers. And are focused on markets for which the United States is in competition with other exporting countries. "Section 704. COOPERATOR RESPONSIBILITIES. Trade Servicing, Technical Assistance, and Consumer Education. In general. An eligible trade organization participating in the foreign market development cooperator program under this title shall provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of United States agricultural commodities and products, through trade servicing, technical assistance, and consumer education. Specific goals. Trade servicing, technical assistance, and consumer education by each eligible trade organization provided under paragraph (1) shall be designed to increase foreign consumer and commercial use of the United States commodity and product involved, develop long-term foreign demand for the commodity or product, and help overcome constraints to United States exports of the commodity or product. Establish a long-term presence in foreign markets for the commodity or product. Enable foreign users of the commodity or product to enhance the competitiveness of the users, analyze markets, improve end use quality, and respond to consumption trends. Make maximum use of new technologies, including satellite transmissions, to disseminate trade information, and enhance industry technologies, that will expand demand for the commodity or product. Increase technical contact between the United States production industry for the commodity or product and foreign customers and users so as to achieve better and more accurate market analyses and trade intelligence collected in the public and private sector. Identify third parties that will contribute to the implementation of activities conducted under the annual marketing plan of the organization through cash or in-kind contributions. And achieve other goals specified by the Secretary. Coordination, Assistance, and Consultation. Coordination and assistance. Eligible trade organization. An eligible trade organization participating in the foreign market development cooperator program established under this title shall coordinate the activities of the organization with the activities of the Foreign Agricultural Service. Foreign agricultural service. The Foreign Agricultural Service shall assist eligible trade organizations in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for United States agricultural commodities and products. Consultation. An eligible trade organization shall consult with the Foreign Agricultural Service to ensure that the annual marketing plan of the organization under this title is consistent with and complements the foreign market development activities of the Service. "Section 705. ANNUAL MARKETING PLANS. In General. An eligible trade organization participating in and receiving assistance for any year under the foreign market development cooperator program established under this title shall develop and submit to the Secretary a marketing plan to carry out trade servicing, technical assistance, and consumer education, as provided for in section 704(a), for the year. Requirement for Plans. An annual marketing plan submitted by an eligible trade organization under subsection (a) shall specifically describe the manner in which assistance received by the organization, in conjunction with funds and services provided by or through the organization, will be expended in carrying out the plan. Amendments. An annual marketing plan may be amended at any time by the eligible trade organization with the approval of the Secretary. "Section 706. OVERSIGHT. Monitoring. The Secretary shall monitor the expenditure of funds received by each trade organization under this title. Reports, Books, and Records. An eligible trade organization receiving assistance under this title shall keep financial accounts of, and submit regular reports providing information on, activities conducted and funds expended under the annual marketing plan of the organization. And make available to the Secretary for inspection, at any reasonable time and place, the books and records of the business and financial transactions of the organization. Audits. An eligible trade organization receiving assistance under the foreign market development cooperator program established under this title shall have an audit or financial review conducted of the activities of the organization under the program. The audit or review shall accurately account for funds and services received and expended under this title. Evaluation. In general. The Secretary shall periodically evaluate the foreign market development activities of each eligible trade organization to determine whether the organization is in compliance with the annual marketing plan of the organization. And the effectiveness of the activities of the organization under the plan in maintaining and developing markets for United States agricultural commodities and products, taking into account the difficulty of precisely quantifying the effects of long-term trade servicing and technical assistance. High-volume agricultural commodities and products. In the case of activities directed toward maintenance and development of markets for high-volume agricultural commodities and products, in performing the evaluations, the Secretary shall consider the long-term benefits of a United States presence in foreign markets for the commodity or product given the benefit to the United States economy as a whole or to a strong high-volume commodity and product export sector. And the intensity of the competition by other exporting countries in the international markets for the commodities and products. "Section 707. COOPERATOR ORGANIZATIONS. Commodities for Cooperator Organizations. The Secretary may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by the cooperators in projects designed to expand markets for United States agricultural commodities and products. Relationship to Funds. Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds made available for market development activities of the cooperator organizations. Conflicts of Interest. The Secretary shall take appropriate action to prevent conflicts of interest among cooperator organizations participating in the foreign market development cooperator program established under this title. "Section 708. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this title $40,000,000 for each of fiscal years 1996 through 2002.". <SECTION-HEADER> CONFORMING AMENDMENTS. Collection of Information on Foreign Markets. Section 601 of the Act of August 28, 1954 is amended by striking "Section 601. For" and inserting the following: "Section 601. COLLECTION OF INFORMATION ON FOREIGN MARKETS. In General. For". And by adding at the end the following: Coordination With Foreign Market Development Cooperator Program. The Secretary of Agriculture shall coordinate activities conducted under subsection (a) with the foreign market development cooperator program established under title VII of the Agricultural Trade Act of 1978.". Cooperator Organizations. Section 4214 of the Agricultural Competitiveness and Trade Act of 1988 is repealed. <SECTION-HEADER> IMPLEMENTATION AND TRANSITIONAL PROVISIONS. Implementation. The Secretary of Agriculture shall establish the foreign market development cooperator program under title VII of the Agricultural Trade Act of 1978 not later than 90 days after the date of enactment of this Act. Transition. In establishing the program, the Secretary shall ensure that ongoing foreign market development cooperator projects and activities are continued and appropriately incorporated into the program. Transfer of Funds. Funding made available for obligation for the ongoing projects and activities shall be transferred for use in carrying out the program. The amount made available to the Department of Agriculture for the ongoing projects and activities for fiscal year 1996 shall be adjusted to reflect the funds transferred under this subsection.	Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for US agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements. And (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of US agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to US exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for US agricultural commodities and products. And (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans, (2) oversight, and (3) cooperator organizations. Authorizes appropriations.	Cooperator Program Act of 1995
108_hr3595	SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Home Infant Care Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In the majority of American families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the family. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. (2) Research shows that the quality and nature of care- taking in the first months and years of life are critical to a newborn's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and dependable relationships. (3) Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of licensed infant slots can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. (4) For the well-being of American children, and for the economic security of the families on which they depend, working parents should be able to provide this care themselves without undermining family economic stability. SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting ``(other than section 658H)'' after ``subchapter'', (2) by inserting ``(a) In General.--'' before ``There'', and (3) by adding at the end the following: ``(b) Infant Care at Home.--There is authorized to be appropriated for each of the fiscal years 2005, 2006, and 2007 such sums as may be necessary to carry out section 658H.''. (b) Application and Plan.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(i) by inserting ``(other than section 658H)'' after ``subchapter'', and (B) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(I) Maintenance of effort.--Certify that the State agrees that funds appropriated under section 658B for any period will be used to supplement, and not to supplant, non-Federal funds that in the absence of funds appropriated under section 658B would be made available to provide child care services and infant care.'', (2) in paragraph (3)-- (A) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', (B) in subparagraph (D) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(E) Assistance for infant care at home.--If a State elects to receive funds appropriated under section 658B(b) for a fiscal year, the State plan shall provide that the State will use such funds to carry out section 658H in accordance with the applicable requirements of this subchapter.'', and (3) in paragraph (5) by inserting ``and, if applicable, by eligible parent caregivers who receive financial assistance provided under section 658H'' before the period at the end. (c) Activities to Improve the Quality of Child Care.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by inserting ``(other than section 658H)'' after ``subchapter''. (d) Financial Assistance for Infant Care Provided at Home by Parents.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. FINANCIAL ASSISTANCE FOR INFANT CARE PROVIDED AT HOME BY PARENTS. ``(a) Authority to Make Grants.--With funds appropriated under section 658B(b) for a fiscal year, the Secretary may make grants equitably on the basis of the demonstrated need of parent caregivers for financial assistance, to eligible States to provide financial assistance to enable eligible parents to become the caregivers for eligible infants at home. ``(b) Eligibility of Parents.--A parent of an eligible infant is eligible to receive financial assistance provided under subsection (a) by a State only if such parent-- ``(1) is a member of a family that does not receive child care services for such infant provided with funds appropriated under section 658B(a) for such fiscal year; ``(2)(A) is a member of a single-parent family and-- ``(i) worked not less than 60 hours (in the aggregate); or ``(ii) worked not less than 40 hours (in the aggregate) and attended not less than 20 hours (in the aggregate) a postsecondary education or training program; in the 3-month period ending on the date such parent applies for such assistance; or ``(B) is a member of a 2-parent family in which both parents worked 120 hours (in the aggregate) in the 3-month period ending on the date such parent applies for such assistance; ``(3)(A) is a member of a single-parent family and agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with an eligible child care provider; or ``(B) is a member of a 2-parent family and-- ``(i) such parent agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with a child care provider; and ``(ii) the other parent will work for compensation during such period; and ``(4) to comply with any other requirement applicable under this subchapter. ``(c) Limitation.--Financial assistance may not be provided under this section to an eligible parent for a period exceeding 24 months (in the aggregate) during the lifetime of such parent.''. (e) Evaluation and Report to Congress.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by inserting ``(a) Biennial Reports.--'' before ``Not'', and (2) by adding at the end the following: ``(b) Report on At-Home Infant Care.--Not later than 4 years after the date of the enactment of At-Home Infant Care Act of 2004, the Secretary shall submit, to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, a report containing a summary of an evaluation carried out by the Secretary to determine the effectiveness of infant care provided under section 658H. Such evaluation shall include information relating to-- ``(1) experiences of the States in developing and operating programs under section 658H, including design issues and issues in coordinating infant care under such section with child care services provided under other provisions of this subchapter; ``(2) characteristics of families seeking to receive financial assistance, and of families receiving such assistance, provided under such section; ``(3) the length of time families receive such assistance under such section and the reasons families cease to receive such assistance; ``(4) the employment patterns of families receive such assistance under such section and the effect receiving such assistance has on current or subsequent employment; and ``(5) the costs and benefits of such assistance.''. (f) Amounts Reserved; Allotments.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``section 658B(a)'', and (B) in paragraph (2) by striking ``658B'' and inserting ``658B(a)'', and (2) in subsection (e)(3) by inserting ``(other than section 658H)'' after ``subchapter''. (g) Definitions.--Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) by inserting after paragraph (5) the following: ``(5A) Eligible infant.--The term `eligible infant' means an eligible child who-- ``(A) is less than 2 years of age; and ``(B) whose family income does not exceed 85 percent of the State median income for a family of the same size.'', and (2) in paragraph (8) by striking ``658B(a)'' and inserting ``658D(a)''. (h) Miscellaneous Provisions.--Section 658S of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) is amended by inserting ``(including financial assistance provided under section 658H)'' after ``subchapter''. SEC. 4. CONFORMING AMENDMENTS. Section 418(c) of the Social Security Act (42 U.S.C. 618(c)) is amended-- (1) by inserting ``(excluding section 658H)'' after ``such Act'' the 1st place it appears, and (2) by inserting ``(excluding the requirements and limitations applicable to assistance provided under section 658H)'' after ``such Act'' the 2d place it appears.	At-Home Infant Care Act of 2004 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for the Secretary of Health and Human Services to make grants to eligible States to provide financial assistance for up to 24 months to enable an eligible parent to become the caregiver for an eligible infant at home.	To amend the Child Care and Development Block Grant Act of 1990 to authorize financial assistance to permit infants to be cared for at home by parents.	10,591	341	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "At-Home Infant Care Act of 2004". <SECTION-HEADER> FINDINGS. Congress finds the following: In the majority of American families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the family. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. Research shows that the quality and nature of care- taking in the first months and years of life are critical to a newborn's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and dependable relationships. Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of licensed infant slots can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. For the well-being of American children, and for the economic security of the families on which they depend, working parents should be able to provide this care themselves without undermining family economic stability. <SECTION-HEADER> AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. Authorization of Appropriations. Section 658B of the Child Care and Development Block Grant Act of 1990 is amended by inserting "" after "subchapter", by inserting "(a) In General. " before "There", and by adding at the end the following: Infant Care at Home. There is authorized to be appropriated for each of the fiscal years 2005, 2006, and 2007 such sums as may be necessary to carry out section 658H.". Application and Plan. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 USC. 9858c(c)) is amended in paragraph (2) in subparagraph (A)(i) by inserting "" after "subchapter", and in subparagraph (B) by inserting "" after "subchapter", and by adding at the end the following: Maintenance of effort. Certify that the State agrees that funds appropriated under section 658B for any period will be used to supplement, and not to supplant, non-Federal funds that in the absence of funds appropriated under section 658B would be made available to provide child care services and infant care.", in paragraph (3) in subparagraph (B) by inserting "" after "subchapter", in subparagraph (D) by inserting "" after "subchapter", and by adding at the end the following: Assistance for infant care at home. If a State elects to receive funds appropriated under section 658B(b) for a fiscal year, the State plan shall provide that the State will use such funds to carry out section 658H in accordance with the applicable requirements of this subchapter.", and in paragraph (5) by inserting "and, if applicable, by eligible parent caregivers who receive financial assistance provided under section 658H" before the period at the end. Activities to Improve the Quality of Child Care. Section 658G of the Child Care and Development Block Grant Act of 1990 is amended by inserting "" after "subchapter". Financial Assistance for Infant Care Provided at Home by Parents. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G the following: "Section 658H. FINANCIAL ASSISTANCE FOR INFANT CARE PROVIDED AT HOME BY PARENTS. Authority to Make Grants. With funds appropriated under section 658B(b) for a fiscal year, the Secretary may make grants equitably on the basis of the demonstrated need of parent caregivers for financial assistance, to eligible States to provide financial assistance to enable eligible parents to become the caregivers for eligible infants at home. Eligibility of Parents. A parent of an eligible infant is eligible to receive financial assistance provided under subsection (a) by a State only if such parent is a member of a family that does not receive child care services for such infant provided with funds appropriated under section 658B(a) for such fiscal year. (A) is a member of a single-parent family and worked not less than 60 hours. Or worked not less than 40 hours and attended not less than 20 hours a postsecondary education or training program. In the 3-month period ending on the date such parent applies for such assistance. Or is a member of a 2-parent family in which both parents worked 120 hours in the 3-month period ending on the date such parent applies for such assistance. (A) is a member of a single-parent family and agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with an eligible child care provider. Or is a member of a 2-parent family and such parent agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with a child care provider. And the other parent will work for compensation during such period. And to comply with any other requirement applicable under this subchapter. Limitation. Financial assistance may not be provided under this section to an eligible parent for a period exceeding 24 months during the lifetime of such parent.". Evaluation and Report to Congress. Section 658L of the Child Care and Development Block Grant Act of 1990 is amended by inserting "(a) Biennial Reports. " before "Not", and by adding at the end the following: Report on At-Home Infant Care. Not later than 4 years after the date of the enactment of At-Home Infant Care Act of 2004, the Secretary shall submit, to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, a report containing a summary of an evaluation carried out by the Secretary to determine the effectiveness of infant care provided under section 658H. Such evaluation shall include information relating to experiences of the States in developing and operating programs under section 658H, including design issues and issues in coordinating infant care under such section with child care services provided under other provisions of this subchapter. Characteristics of families seeking to receive financial assistance, and of families receiving such assistance, provided under such section. The length of time families receive such assistance under such section and the reasons families cease to receive such assistance. The employment patterns of families receive such assistance under such section and the effect receiving such assistance has on current or subsequent employment, and the costs and benefits of such assistance.". Amounts Reserved. Allotments. Section 658O of the Child Care and Development Block Grant Act of 1990 is amended in subsection (a) in paragraph (1) by striking "this subchapter" and inserting "section 658B(a)", and in paragraph (2) by striking "658B" and inserting "658B(a)", and in subsection (e)(3) by inserting "" after "subchapter". Definitions. Section 658P of the Child Care and Development Block Grant Act of 1990 is amended by inserting after paragraph (5) the following: Eligible infant. The term `eligible infant' means an eligible child who is less than 2 years of age. And whose family income does not exceed 85 percent of the State median income for a family of the same size.", and in paragraph (8) by striking "658B(a)" and inserting "658D(a)". Miscellaneous Provisions. Section 658S of the Child Care and Development Block Grant Act of 1990 is amended by inserting "" after "subchapter". <SECTION-HEADER> CONFORMING AMENDMENTS. Section 418(c) of the Social Security Act (42 USC. 618(c)) is amended by inserting "" after "such Act" the 1st place it appears, and by inserting "" after "such Act" the 2d place it appears.	At-Home Infant Care Act of 2004 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for the Secretary of Health and Human Services to make grants to eligible States to provide financial assistance for up to 24 months to enable an eligible parent to become the caregiver for an eligible infant at home.	To amend the Child Care and Development Block Grant Act of 1990 to authorize financial assistance to permit infants to be cared for at home by parents.
111_hr3133	SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Evidence Request Efficiency Act of 2009''. SEC. 2. IMPROVEMENTS TO TITLE 18. Title 18 of the United States Code is amended-- (1) in section 2703-- (A) in subsection (a), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; (B) in subsection (b)(1)(A), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; and (C) in subsection (c)(1)(A), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; (2) in section 2711(3), by striking ``has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation; and'' and inserting the following: ``includes-- ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or ``(iii) is acting on a request for foreign assistance pursuant to section 3512 of this title; or ``(B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; and''; (3) in section 3127(2)(A), by striking ``having jurisdiction over the offense being investigated;'' and inserting the following: ``that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of a wire or electronic communication service is located; ``(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located; or ``(iv) is acting on a request for foreign assistance pursuant to section 3512 of this title;''; (4) in chapter 223, by adding at the end the following: ``Sec. 3512. Foreign requests for assistance in criminal investigations and prosecutions ``(a) Execution of Request for Assistance.-- ``(1) In general.--Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. ``(2) Scope of orders.--Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of-- ``(A) a search warrant, as provided under rule 41 of the Federal Rules of Criminal Procedure; ``(B) a warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under section 2703 of this title; ``(C) an order for a pen register or trap and trace device as provided under section 3123 of this title; or ``(D) an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both. ``(b) Appointment of Persons To Take Testimony or Statements.-- ``(1) In general.--In response to an application for execution of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or statements or of the production of documents or other things, or both. ``(2) Authority of appointed person.--Any person appointed under an order issued pursuant to paragraph (1) may-- ``(A) issue orders requiring the appearance of a person, or the production of documents or other things, or both; ``(B) administer any necessary oath; and ``(C) take testimony or statements and receive documents or other things. ``(c) Filing of Requests.--Except as provided under subsection (d), an application for execution of a request from a foreign authority under this section may be filed-- ``(1) in the district in which a person who may be required to appear resides or is located or in which the documents or things to be produced are located; ``(2) in cases in which the request seeks the appearance of persons or production of documents or things that may be located in multiple districts, in any one of the districts in which such a person, documents, or things may be located; or ``(3) in any case, the district in which a related Federal criminal investigation or prosecution is being conducted, or in the District of Columbia. ``(d) Search Warrant Limitation.--An application for execution of a request for a search warrant from a foreign authority under this section, other than an application for a warrant issued as provided under section 2703 of this title, shall be filed in the district in which the place or person to be searched is located. ``(e) Search Warrant Standard.--A Federal judge may issue a search warrant under this section only if the foreign offense for which the evidence is sought involves conduct that, if committed in the United States, would be considered an offense punishable by imprisonment for more than one year under Federal or State law. ``(f) Service of Order or Warrant.--Except as provided under subsection (d), an order or warrant issued pursuant to this section may be served or executed in any place in the United States. ``(g) Rule of Construction.--Nothing in this section shall be construed to preclude any foreign authority or an interested person from obtaining assistance in a criminal investigation or prosecution pursuant to section 1782 of title 28, United States Code. ``(h) Definitions.--As used in this section, the following definitions shall apply: ``(1) Federal judge.--The terms `Federal judge' and `attorney for the Government' have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure. ``(2) Foreign authority.--The term `foreign authority' means a foreign judicial authority, a foreign authority responsible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.''; and (5) in the table of sections for chapter 223, by adding at the end the following: ``3512. Foreign requests for assistance in criminal investigations and prosecutions.''.	Foreign Evidence Request Efficiency Act of 2009 - Amends the federal criminal code to: (1) allow any court of competent jurisdiction, as defined by this Act, to require the disclosure of stored wire or electronic communications for criminal investigations. And (2) authorize a federal judge to issue orders to execute requests from foreign judicial or law enforcement authorities for assistance in the investigation or prosecution of criminal offenses.	To improve title 18 of the United States Code.	9,085	452	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Foreign Evidence Request Efficiency Act of 2009". <SECTION-HEADER> IMPROVEMENTS TO TITLE 18. Title 18 of the United States Code is amended in section 2703 in subsection (a), by striking "by a court with jurisdiction over the offense under investigation or an equivalent State warrant" and inserting " by a court of competent jurisdiction". In subsection (b)(1)(A), by striking "by a court with jurisdiction over the offense under investigation or an equivalent State warrant" and inserting " by a court of competent jurisdiction". And in subsection (c)(1)(A), by striking "by a court with jurisdiction over the offense under investigation or an equivalent State warrant" and inserting " by a court of competent jurisdiction". In section 2711(3), by striking "has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation. And" and inserting the following: "includes any district court of the United States or any United States court of appeals that has jurisdiction over the offense being investigated. Is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored. Or is acting on a request for foreign assistance pursuant to section 3512 of this title. Or a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants, and". In section 3127(2)(A), by striking "having jurisdiction over the offense being investigated. " and inserting the following: "that has jurisdiction over the offense being investigated. Is in or for a district in which the provider of a wire or electronic communication service is located. Is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located. Or is acting on a request for foreign assistance pursuant to section 3512 of this title, ". In chapter 223, by adding at the end the following: "Section 3512. Foreign requests for assistance in criminal investigations and prosecutions Execution of Request for Assistance. In general. Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. Scope of orders. Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of a search warrant, as provided under rule 41 of the Federal Rules of Criminal Procedure. A warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under section 2703 of this title. An order for a pen register or trap and trace device as provided under section 3123 of this title. Or an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both. Appointment of Persons To Take Testimony or Statements. In general. In response to an application for execution of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or statements or of the production of documents or other things, or both. Authority of appointed person. Any person appointed under an order issued pursuant to paragraph (1) may issue orders requiring the appearance of a person, or the production of documents or other things, or both, administer any necessary oath. And take testimony or statements and receive documents or other things. Filing of Requests. Except as provided under subsection (d), an application for execution of a request from a foreign authority under this section may be filed in the district in which a person who may be required to appear resides or is located or in which the documents or things to be produced are located. In cases in which the request seeks the appearance of persons or production of documents or things that may be located in multiple districts, in any one of the districts in which such a person, documents, or things may be located. Or in any case, the district in which a related Federal criminal investigation or prosecution is being conducted, or in the District of Columbia. Search Warrant Limitation. An application for execution of a request for a search warrant from a foreign authority under this section, other than an application for a warrant issued as provided under section 2703 of this title, shall be filed in the district in which the place or person to be searched is located. Search Warrant Standard. A Federal judge may issue a search warrant under this section only if the foreign offense for which the evidence is sought involves conduct that, if committed in the United States, would be considered an offense punishable by imprisonment for more than one year under Federal or State law. Service of Order or Warrant. Except as provided under subsection (d), an order or warrant issued pursuant to this section may be served or executed in any place in the United States. Rule of Construction. Nothing in this section shall be construed to preclude any foreign authority or an interested person from obtaining assistance in a criminal investigation or prosecution pursuant to section 1782 of title 28, United States Code. Definitions. As used in this section, the following definitions shall apply: Federal judge. The terms `Federal judge' and `attorney for the Government' have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure. Foreign authority. The term `foreign authority' means a foreign judicial authority, a foreign authority responsible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.". And in the table of sections for chapter 223, by adding at the end the following: "3512. Foreign requests for assistance in criminal investigations and prosecutions.".	Foreign Evidence Request Efficiency Act of 2009 - Amends the federal criminal code to: (1) allow any court of competent jurisdiction, as defined by this Act, to require the disclosure of stored wire or electronic communications for criminal investigations. And (2) authorize a federal judge to issue orders to execute requests from foreign judicial or law enforcement authorities for assistance in the investigation or prosecution of criminal offenses.	To improve title 18 of the United States Code.
109_s2491	SECTION 1. SHORT TITLE. This Act may be cited as the ``Byron Nelson Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Byron Nelson was a top player in the sport of golf during the World War II era and his accomplishments as a player, a teacher, and commentator are renowned. (2) Byron Nelson won 54 career victories, including a record 11 in a row in 1945, during his short 13-year career. (3) Byron Nelson won 5 majors, including 2 Masters (1937 and 1942), 2 Professional Golf Association (PGA) Championships (1940 and 1945) and the U.S. Open (1939). (4) Sports journalist Bill Nichols recently ranked the greatest seasons on the PGA tour for The Dallas Morning News and picked Roanoke, Texas-resident Byron Nelson's 1945 tour as the greatest season of golf in American history. (5) In 1945, Byron Nelson accumulated 18 total victories, 11 of which were consecutive, while averaging 68.33 strokes per round for 30 tournaments. (6) At the Seattle Open in 1945, Byron Nelson shot a record 62 for 18 holes and the world record 259, 29 shots under par for 72 holes. (7) Byron Nelson is one of only 2 golfers to be named ``Male Athlete of the Year'' twice by the Associated Press: in 1944, when he won 7 tournaments and averaged 69.67 strokes for 85 rounds, and again after his 1945 season. (8) The World Golf Hall of Fame honored Byron Nelson in 2004 by featuring an exhibit entitled ``Byron Nelson: A Champion ... A Gentleman''. (9) Byron Nelson was selected for the Ryder Cup 4 times--in 1937, 1939, 1947 and 1965, and on that last occasion he led the United States Ryder Cup team as team captain to victory over Great Britain. (10) Byron Nelson was also a pioneer in the golf business, helping to develop the golf shoes and umbrellas used today. (11) In 1966, True Temper created the ``Iron Byron'' robot to replicate Byron Nelson's swing in order to test the company's equipment, but the robot was eventually used for club and ball testing by the United States Golf Association (USGA) and many other manufacturing companies. (12) Byron Nelson mentored many golf hopefuls, including 1964 Player of the Year Ken Venturi and 6-time PGA Player of the Year Tom Watson. (13) Byron Nelson was one of the first golf analysts on network television where his understanding of the game in general, and the golf swing in particular, was demonstrably profound. (14) Byron Nelson received the United States Golf Association's Bob Jones Award for distinguished sportsmanship in golf in 1974. (15) In 1974, the Golf Writers Association of America presented Byron Nelson with the Richardson Award for consistently outstanding contributions to golf. (16) Since 1983, the Byron and Louise Nelson Golf Endowment Fund has provided over $1,500,000 in endowment funds to Abilene Christian University in Abilene, Texas. (17) Byron Nelson received the PGA Distinguished Service Award in 1993. This award is presented to an individual who has helped perpetuate the ideals and values of the PGA. (18) Byron Nelson has served as an honorary chairperson for the Metroport Meals on Wheels since 1992. (19) In 1994, the Golf Course Superintendents Association of America presented Byron Nelson with the Old Tom Morris Award for outstanding contributions to the game. (20) Byron Nelson helped to develop the Tournament Players Course (TPC) Four Seasons at Los Colinas, Texas, site of the EDS Byron Nelson Championship and the Byron Nelson Golf School, into a world-class facility. (21) The EDS Byron Nelson Championship is the only PGA tour event named in honor of a professional golfer and traditionally attracts the strongest players in the sport. (22) Since its inception, the EDS Byron Nelson Championship has raised $88,000,000 for Salesmanship Club Youth and Family Centers, a nonprofit agency that provides education and mental health services for more than 2,700 children and their families in the greater Dallas area. (23) In 2002, Byron Nelson received the prestigious Donald Ross Award from the American Society of Golf Course Architects (ASGCA) for his significant contribution to the game of golf and the profession of golf course architecture. (24) The United States Golf Association presented Byron Nelson the Ike Grainger Award for volunteer service to the game of golf in 2002. (25) In 2002, the National Golf Foundation presented Byron Nelson with the Graffis Award for outstanding lifelong contributions to the game of golf. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the Senate September 27, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 2491 _______________________________________________________________________ AN ACT To award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.	Byron Nelson Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Byron Nelson in recognition of his contributions to the game of golf as a player, teacher, and commentator.	A bill to award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.	7,663	214	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Byron Nelson Congressional Gold Medal Act". <SECTION-HEADER> FINDINGS. Congress finds as follows: Byron Nelson was a top player in the sport of golf during the World War II era and his accomplishments as a player, a teacher, and commentator are renowned. Byron Nelson won 54 career victories, including a record 11 in a row in 1945, during his short 13-year career. Byron Nelson won 5 majors, including 2 Masters , 2 Professional Golf Association (PGA) Championships and the US Open (1939). Sports journalist Bill Nichols recently ranked the greatest seasons on the PGA tour for The Dallas Morning News and picked Roanoke, Texas-resident Byron Nelson's 1945 tour as the greatest season of golf in American history. In 1945, Byron Nelson accumulated 18 total victories, 11 of which were consecutive, while averaging 68.33 strokes per round for 30 tournaments. At the Seattle Open in 1945, Byron Nelson shot a record 62 for 18 holes and the world record 259, 29 shots under par for 72 holes. Byron Nelson is one of only 2 golfers to be named "Male Athlete of the Year" twice by the Associated Press: in 1944, when he won 7 tournaments and averaged 69.67 strokes for 85 rounds, and again after his 1945 season. The World Golf Hall of Fame honored Byron Nelson in 2004 by featuring an exhibit entitled "Byron Nelson: A Champion .. A Gentleman". Byron Nelson was selected for the Ryder Cup 4 times in 1937, 1939, 1947 and 1965, and on that last occasion he led the United States Ryder Cup team as team captain to victory over Great Britain. Byron Nelson was also a pioneer in the golf business, helping to develop the golf shoes and umbrellas used today. In 1966, True Temper created the "Iron Byron" robot to replicate Byron Nelson's swing in order to test the company's equipment, but the robot was eventually used for club and ball testing by the United States Golf Association (USGA) and many other manufacturing companies. Byron Nelson mentored many golf hopefuls, including 1964 Player of the Year Ken Venturi and 6-time PGA Player of the Year Tom Watson. Byron Nelson was one of the first golf analysts on network television where his understanding of the game in general, and the golf swing in particular, was demonstrably profound. Byron Nelson received the United States Golf Association's Bob Jones Award for distinguished sportsmanship in golf in 1974. In 1974, the Golf Writers Association of America presented Byron Nelson with the Richardson Award for consistently outstanding contributions to golf. Since 1983, the Byron and Louise Nelson Golf Endowment Fund has provided over $1,500,000 in endowment funds to Abilene Christian University in Abilene, Texas. Byron Nelson received the PGA Distinguished Service Award in 1993. This award is presented to an individual who has helped perpetuate the ideals and values of the PGA. Byron Nelson has served as an honorary chairperson for the Metroport Meals on Wheels since 1992. In 1994, the Golf Course Superintendents Association of America presented Byron Nelson with the Old Tom Morris Award for outstanding contributions to the game. Byron Nelson helped to develop the Tournament Players Course (TPC) Four Seasons at Los Colinas, Texas, site of the EDS Byron Nelson Championship and the Byron Nelson Golf School, into a world-class facility. The EDS Byron Nelson Championship is the only PGA tour event named in honor of a professional golfer and traditionally attracts the strongest players in the sport. Since its inception, the EDS Byron Nelson Championship has raised $88,000,000 for Salesmanship Club Youth and Family Centers, a nonprofit agency that provides education and mental health services for more than 2,700 children and their families in the greater Dallas area. In 2002, Byron Nelson received the prestigious Donald Ross Award from the American Society of Golf Course Architects for his significant contribution to the game of golf and the profession of golf course architecture. The United States Golf Association presented Byron Nelson the Ike Grainger Award for volunteer service to the game of golf in 2002. In 2002, the National Golf Foundation presented Byron Nelson with the Graffis Award for outstanding lifelong contributions to the game of golf. <SECTION-HEADER> CONGRESSIONAL GOLD MEDAL. Presentation Authorized. The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator. Design and Striking. For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. <SECTION-HEADER> DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. <SECTION-HEADER> STATUS OF MEDALS. National Medals. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. Numismatic Items. For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. <SECTION-HEADER> AUTHORITY TO USE FUND AMOUNTS. PROCEEDS OF SALE. Authority To Use Fund Amounts. There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. Proceeds of Sale. Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the Senate September 27, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 2491 AN ACT To award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.	Byron Nelson Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Byron Nelson in recognition of his contributions to the game of golf as a player, teacher, and commentator.	A bill to award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.
106_s3241	SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Education Foundation Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To establish an international fellowship program under which-- (A) Vietnamese nationals can undertake graduate and post-graduate level studies in the sciences (natural, physical, and environmental), mathematics, medicine, and technology (including information technology); and (B) United States citizens can teach in the fields specified in subparagraph (A) in appropriate Vietnamese institutions. (2) To further the process of reconciliation between the United States and Vietnam and the building of a bilateral relationship serving the interests of both countries. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors of the Foundation. (2) Foundation.--The term ``Foundation'' means the Vietnam Education Foundation established in section 4. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) United states-vietnam debt agreement.--The term ``United States-Vietnam debt agreement'' means the Agreement Between the Government of the United States of America and the Government of the Socialist Republic of Vietnam Regarding the Consolidation and Rescheduling of Certain Debts Owed to, Guaranteed by, or Insured by the United States Government and the Agency for International Development, dated April 7, 1997. SEC. 4. ESTABLISHMENT. There is established the Vietnam Education Foundation as an independent establishment of the executive branch under section 104 of title 5, United States Code. SEC. 5. BOARD OF DIRECTORS. (a) In General.--The Foundation shall be subject to the supervision and direction of the Board of Directors, which shall consist of 13 members, as follows: (1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. (2) Two members of the Senate, appointed by the President pro tempore, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. (3) Secretary of State. (4) Secretary of Education. (5) Secretary of Treasury. (6) Six members to be appointed by the President from among individuals in the nongovernmental sector who have academic excellence or experience in the fields of concentration specified in section 2(1)(A) or a general knowledge of Vietnam, not less than three of whom shall be drawn from academic life. (b) Rotation of Membership.--(1) The term of office of each member appointed under subsection (a)(6) shall be 3 years, except that of the members initially appointed under that subsection, two shall serve for terms of one year, two shall serve for terms of two years, and two shall serve for terms of three years. (2) A member of Congress appointed under subsection (a)(1) or (2) shall not serve as a member of the Board for more than a total of six years. (c) Chair.--The Board shall elect one of the members appointed under subsection (a)(6) to serve as Chair. (d) Meetings.--The Board shall meet upon the call of the Chair but not less frequently than twice each year. A majority of the voting members of the Board shall constitute a quorum. (e) Duties.--The Board shall-- (1) select the individuals who will be eligible to serve as Fellows; and (2) provide overall supervision and direction of the Foundation. (f) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Board shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. SEC. 6. FELLOWSHIP PROGRAM. (a) Award of Fellowships.-- (1) In general.--To carry out the purposes of this Act, the Foundation shall award fellowships to-- (A) Vietnamese nationals to study at institutions of higher education in the United States at graduate and post-graduate levels in the following fields: physical sciences, natural sciences, mathematics, environmental sciences, medicine, technology, and computer sciences; and (B) United States citizens to teach in Vietnam in appropriate Vietnamese institutions in the fields of study described in subparagraph (A). (2) Special emphasis on scientific and technical vocabulary in english.--Fellowships awarded under paragraph (1) may include funding for the study of scientific and technical vocabulary in English. (b) Criteria for Selection.--Fellowships under this Act shall be awarded to persons who meet the minimum criteria established by the Foundation, including the following: (1) Vietnamese nationals.--Vietnamese candidates for fellowships shall have basic English proficiency and must have the ability to meet the criteria for admission into graduate or post-graduate programs in United States institutions of higher learning. (2) United states citizen teachers.--American teaching candidates shall be highly competent in their fields and be experienced and proficient teachers. (c) Implementation.--The Foundation may provide, directly or by contract, for the conduct of nationwide competition for the purpose of selecting recipients of fellowships awarded under this section. (d) Authority To Award Fellowships on a Matching Basis.--The Foundation may require, as a condition of the availability of funds for the award of a fellowship under this Act, that an institution of higher education make available funds for such fellowship on a matching basis. (e) Fellowship Conditions.--A person awarded a fellowship under this Act may receive payments authorized under this Act only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and devoting full time to study or teaching, as appropriate, and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board. (f) Funding.-- (1) Fiscal year 2001.-- (A) Authorization of appropriations.--There are authorized to be appropriated to the Foundation $5,000,000 for fiscal year 2001 to carry out the activities of the Foundation. (B) Availability of funds.--Amounts appropriated pursuant to subparagraph (A) are authorized to remain available until expended. (2) Fiscal year 2002 and subsequent fiscal years.-- Effective October 1, 2001, the Foundation shall utilize funds transferred to the Foundation under section 7. SEC. 7. VIETNAM DEBT REPAYMENT FUND. (a) Establishment.--Notwithstanding any other provision of law, there is established in the Treasury a separate account which shall be known as the Vietnam Debt Repayment Fund (in this subsection referred to as the ``Fund''). (b) Deposits.--There shall be deposited as offsetting receipts into the Fund all payments (including interest payments) made by the Socialist Republic of Vietnam under the United States-Vietnam debt agreement. (c) Availability of the Funds.-- (1) Fiscal year limitation.--Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, $5,000,000 of the amounts deposited into the Fund (or accrued interest) each fiscal year shall be available to the Foundation, without fiscal year limitation, under paragraph (2). (2) Disbursement of funds.--The Secretary of the Treasury, at least on a quarterly basis, shall transfer to the Foundation amounts allotted to the Foundation under paragraph (1) for the purpose of carrying out its activities. (3) Transfer of excess funds to miscellaneous receipts.-- Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, the Secretary of the Treasury shall withdraw from the Fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the Fund in excess of amounts made available to the Foundation under paragraph (1). (d) Annual Report.--The Board shall prepare and submit annually to Congress statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. SEC. 9. FOUNDATION PERSONNEL MATTERS. (a) Appointment by Board.--There shall be an Executive Secretary of the Foundation who shall be appointed by the Board without regard to the provisions of title 5, United States Code, or any regulation thereunder, governing appointment in the competitive service. The Executive Director shall be the Chief Executive Officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least 6 of the 9 voting members of the Board. (b) Professional Staff.--The Executive Director shall hire Foundation staff on the basis of professional and nonpartisan qualifications. (c) Experts and Consultants.--The Executive Director may procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code to carry out the purposes of the Foundation. (d) Compensation.--The Board may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title V, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 9. ADMINISTRATIVE PROVISIONS. (a) In General.--In order to carry out this title, the Foundation may-- (1) prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out; (2) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (3) accept and use the services of voluntary and noncompensated personnel; (4) enter into contracts or other arrangements, or make grants, to carry out the provisions of this title, and enter into such contracts or other arrangements, or make such grants, with the concurrence of a majority of the members of the Board, without performance or other bonds and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); (5) rent office space in the District of Columbia; and (6) make other necessary expenditures. (b) Annual Report.--The Foundation shall submit to the President and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives an annual report of its operations under this Act. SEC. 10. TERMINATION. (a) In General.--The Foundation may not award any new fellowship, or extend any existing fellowship, after September 30, 2016. (b) Abolishment.--Effective 120 days after the expiration of the last fellowship in effect under this Act, the Foundation is abolished.	Establishes the Vietnam Debt Repayment Fund which shall consist of deposits as offsetting receipts of all payments made by the Socialist Republic of Vietnam under the US-Vietnam debt agreement, dated April 7, 1997. Makes amounts deposited into the Fund available for Foundation activities.	Vietnam Education Foundation Act of 2000	13,742	289	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Vietnam Education Foundation Act of 2000". <SECTION-HEADER> PURPOSES. The purposes of this Act are the following: To establish an international fellowship program under which Vietnamese nationals can undertake graduate and post-graduate level studies in the sciences , mathematics, medicine, and technology. And United States citizens can teach in the fields specified in subparagraph (A) in appropriate Vietnamese institutions. To further the process of reconciliation between the United States and Vietnam and the building of a bilateral relationship serving the interests of both countries. <SECTION-HEADER> DEFINITIONS. In this Act: Board. The term "Board" means the Board of Directors of the Foundation. Foundation. The term "Foundation" means the Vietnam Education Foundation established in section 4. Institution of higher education. The term "institution of higher education" has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 USC. 1001(a)). United states-vietnam debt agreement. The term "United States-Vietnam debt agreement" means the Agreement Between the Government of the United States of America and the Government of the Socialist Republic of Vietnam Regarding the Consolidation and Rescheduling of Certain Debts Owed to, Guaranteed by, or Insured by the United States Government and the Agency for International Development, dated April 7, 1997. <SECTION-HEADER> ESTABLISHMENT. There is established the Vietnam Education Foundation as an independent establishment of the executive branch under section 104 of title 5, United States Code. <SECTION-HEADER> BOARD OF DIRECTORS. In General. The Foundation shall be subject to the supervision and direction of the Board of Directors, which shall consist of 13 members, as follows: Two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. Two members of the Senate, appointed by the President pro tempore, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. Secretary of State. Secretary of Education. Secretary of Treasury. Six members to be appointed by the President from among individuals in the nongovernmental sector who have academic excellence or experience in the fields of concentration specified in section 2(1)(A) or a general knowledge of Vietnam, not less than three of whom shall be drawn from academic life. Rotation of Membership. (1) The term of office of each member appointed under subsection (a)(6) shall be 3 years, except that of the members initially appointed under that subsection, two shall serve for terms of one year, two shall serve for terms of two years, and two shall serve for terms of three years. A member of Congress appointed under subsection (a)(1) or (2) shall not serve as a member of the Board for more than a total of six years. Chair. The Board shall elect one of the members appointed under subsection (a)(6) to serve as Chair. Meetings. The Board shall meet upon the call of the Chair but not less frequently than twice each year. A majority of the voting members of the Board shall constitute a quorum. Duties. The Board shall select the individuals who will be eligible to serve as Fellows. And provide overall supervision and direction of the Foundation. Compensation. In general. Except as provided in paragraph (2), each member of the Board shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Travel expenses. The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. <SECTION-HEADER> FELLOWSHIP PROGRAM. Award of Fellowships. In general. To carry out the purposes of this Act, the Foundation shall award fellowships to Vietnamese nationals to study at institutions of higher education in the United States at graduate and post-graduate levels in the following fields: physical sciences, natural sciences, mathematics, environmental sciences, medicine, technology, and computer sciences. And United States citizens to teach in Vietnam in appropriate Vietnamese institutions in the fields of study described in subparagraph (A). Special emphasis on scientific and technical vocabulary in english. Fellowships awarded under paragraph (1) may include funding for the study of scientific and technical vocabulary in English. Criteria for Selection. Fellowships under this Act shall be awarded to persons who meet the minimum criteria established by the Foundation, including the following: Vietnamese nationals. Vietnamese candidates for fellowships shall have basic English proficiency and must have the ability to meet the criteria for admission into graduate or post-graduate programs in United States institutions of higher learning. United states citizen teachers. American teaching candidates shall be highly competent in their fields and be experienced and proficient teachers. Implementation. The Foundation may provide, directly or by contract, for the conduct of nationwide competition for the purpose of selecting recipients of fellowships awarded under this section. Authority To Award Fellowships on a Matching Basis. The Foundation may require, as a condition of the availability of funds for the award of a fellowship under this Act, that an institution of higher education make available funds for such fellowship on a matching basis. Fellowship Conditions. A person awarded a fellowship under this Act may receive payments authorized under this Act only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and devoting full time to study or teaching, as appropriate, and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board. Funding. Fiscal year 2001. Authorization of appropriations. There are authorized to be appropriated to the Foundation $5,000,000 for fiscal year 2001 to carry out the activities of the Foundation. Availability of funds. Amounts appropriated pursuant to subparagraph (A) are authorized to remain available until expended. Fiscal year 2002 and subsequent fiscal years. Effective October 1, 2001, the Foundation shall utilize funds transferred to the Foundation under section 7. <SECTION-HEADER> VIETNAM DEBT REPAYMENT FUND. Establishment. Notwithstanding any other provision of law, there is established in the Treasury a separate account which shall be known as the Vietnam Debt Repayment Fund . Deposits. There shall be deposited as offsetting receipts into the Fund all payments made by the Socialist Republic of Vietnam under the United States-Vietnam debt agreement. Availability of the Funds. Fiscal year limitation. Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, $5,000,000 of the amounts deposited into the Fund each fiscal year shall be available to the Foundation, without fiscal year limitation, under paragraph . Disbursement of funds. The Secretary of the Treasury, at least on a quarterly basis, shall transfer to the Foundation amounts allotted to the Foundation under paragraph (1) for the purpose of carrying out its activities. Transfer of excess funds to miscellaneous receipts. Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, the Secretary of the Treasury shall withdraw from the Fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the Fund in excess of amounts made available to the Foundation under paragraph (1). Annual Report. The Board shall prepare and submit annually to Congress statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. <SECTION-HEADER> FOUNDATION PERSONNEL MATTERS. Appointment by Board. There shall be an Executive Secretary of the Foundation who shall be appointed by the Board without regard to the provisions of title 5, United States Code, or any regulation thereunder, governing appointment in the competitive service. The Executive Director shall be the Chief Executive Officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least 6 of the 9 voting members of the Board. Professional Staff. The Executive Director shall hire Foundation staff on the basis of professional and nonpartisan qualifications. Experts and Consultants. The Executive Director may procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code to carry out the purposes of the Foundation. Compensation. The Board may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title V, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. <SECTION-HEADER> ADMINISTRATIVE PROVISIONS. In General. In order to carry out this title, the Foundation may prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out. Receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions, accept and use the services of voluntary and noncompensated personnel. Enter into contracts or other arrangements, or make grants, to carry out the provisions of this title, and enter into such contracts or other arrangements, or make such grants, with the concurrence of a majority of the members of the Board, without performance or other bonds and without regard to section 3709 of the Revised Statutes, rent office space in the District of Columbia. And make other necessary expenditures. Annual Report. The Foundation shall submit to the President and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives an annual report of its operations under this Act. <SECTION-HEADER> TERMINATION. In General. The Foundation may not award any new fellowship, or extend any existing fellowship, after September 30, 2016. Abolishment. Effective 120 days after the expiration of the last fellowship in effect under this Act, the Foundation is abolished.	Establishes the Vietnam Debt Repayment Fund which shall consist of deposits as offsetting receipts of all payments made by the Socialist Republic of Vietnam under the US-Vietnam debt agreement, dated April 7, 1997. Makes amounts deposited into the Fund available for Foundation activities.	Vietnam Education Foundation Act of 2000
109_hr5612	SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee National Forest Act of 2006''. SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST, GEORGIA. (a) Establishment.--There is hereby established in the Chattahoochee National Forest in the State of Georgia the Mountaintown National Scenic Area (in this section referred to as the ``scenic area'') consisting of approximately 13,382 acres, as generally depicted on the map entitled ``Mountaintown Proposed Scenic Area--Chattahoochee National Forest, Georgia'' and dated May 3, 2006. (b) Map and Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a final map and boundary description of the scenic area. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and boundary description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. In the case of any discrepancy between the acreage and the map referred to in subsection (a) and the map and boundary description required by this subsection, the map and boundary description required by this subsection shall control. (c) Management.-- (1) Purposes.--The Secretary shall manage the scenic area for the purposes of-- (A) ensuring the appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the area; (B) protecting and managing vegetation in the area to provide wildlife and fish habitat, consistent with subparagraph (A); (C) providing parcels within the area that may develop characteristics of old-growth forests; and (D) providing a variety of recreation opportunities, consistent with the preceding purposes. (2) Priority.--In the case of a conflict between the management purposes specified in paragraph (1) and the laws and regulations generally applicable to the National Forest System, the management purposes shall take precedence. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the land and resource management plan for the Chattahoochee National Forest. The amendment shall conform to the requirements of this section. Nothing in this section shall require the Secretary to revise the land and resource management plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no new roads shall be constructed or established within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the management purposes specified in subsection (c)(1) and in support of wildlife management projects in existence as of the date of the enactment of this Act. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the management purposes specified in subsection (c)(1), using such means as the Secretary considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS WILDERNESS IN GEORGIA. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following lands in the State of Georgia, which are administered by the Secretary of Agriculture as part of the Chattahoochee National Forest and comprise approximately 8,448 acres, as generally depicted on the maps dated May 3, 2006, and entitled ``Proposed Wilderness Additions--Chattahoochee National Forest'', are hereby designated as wilderness and incorporated into the existing wilderness area to which they adjoin: (1) Three additions to the existing Southern Nantahala Wilderness: Ben Gap, consisting of 1,294 acres, Shoal Branch, consisting of 412, and Tate Branch, consisting of 1,085 acres. (2) One addition to the existing Blood Mountain Wilderness: Cedar Mountain, consisting of 561 acres. (3) Two additions to the existing Brasstown Wilderness: Duck Branch, consisting of 190 acres, and Wilson Cove, consisting of 563 acres. (4) One addition to the existing Ellicott Rock Wilderness: Ellicott Rock Addition, consisting of 562 acres. (5) Two additions to the existing Cohutta Wilderness: Foster Branch, consisting of 165 acres, and Ken Mountain, consisting of 527 acres. (6) One addition to the existing Raven Cliffs Wilderness: Helton Creek, consisting of 2,451 acres. (7) One addition to the existing Tray Mountain Wilderness: Tripp Branch, consisting of 638 acres. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress final maps and boundary descriptions of the lands designated as wilderness by this section. The maps and descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Administration.-- (1) In general.--Subject to valid existing rights, the Secretary shall administer the lands designated as wilderness by this section in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section. (2) Effective date of wilderness act.--With respect to the land designated as wilderness by this section, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (3) Fish and wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State of Georgia with respect to fish and wildlife in the Chattahoochee National Forest. (4) Withdrawal.--Subject to valid existing rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.	Chattahoochee National Forest Act of 2006 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest. Designates specified lands in Georgia which are administered by the Secretary as part of the Chattahoochee National Forest as wilderness and incorporates such lands into the existing wilderness area to which they adjoin.	To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia, and to designate additional National Forest System land in the State of Georgia as components of the National Wilderness Preservation System.	8,701	523	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Chattahoochee National Forest Act of 2006". <SECTION-HEADER> MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST, GEORGIA. Establishment. There is hereby established in the Chattahoochee National Forest in the State of Georgia the Mountaintown National Scenic Area consisting of approximately 13,382 acres, as generally depicted on the map entitled "Mountaintown Proposed Scenic Area Chattahoochee National Forest, Georgia" and dated May 3, 2006. Map and Descriptions. As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a final map and boundary description of the scenic area. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and boundary description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. In the case of any discrepancy between the acreage and the map referred to in subsection (a) and the map and boundary description required by this subsection, the map and boundary description required by this subsection shall control. Management. Purposes. The Secretary shall manage the scenic area for the purposes of ensuring the appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the area. Protecting and managing vegetation in the area to provide wildlife and fish habitat, consistent with subparagraph (A). Providing parcels within the area that may develop characteristics of old-growth forests. And providing a variety of recreation opportunities, consistent with the preceding purposes. Priority. In the case of a conflict between the management purposes specified in paragraph (1) and the laws and regulations generally applicable to the National Forest System, the management purposes shall take precedence. Management Plan. Not later than three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the land and resource management plan for the Chattahoochee National Forest. The amendment shall conform to the requirements of this section. Nothing in this section shall require the Secretary to revise the land and resource management plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 . Roads. After the date of the enactment of this Act, no new roads shall be constructed or established within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. Vegetation Management. No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. Motorized Travel. Motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the management purposes specified in subsection (1) and in support of wildlife management projects in existence as of the date of the enactment of this Act. Fire. Wildfires in the scenic area shall be suppressed in a manner consistent with the management purposes specified in subsection (1), using such means as the Secretary considers appropriate. Insects and Disease. Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. Water. The scenic area shall be administered so as to maintain or enhance existing water quality. Mining Withdrawal. Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. <SECTION-HEADER> DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS WILDERNESS IN GEORGIA. Designation. In furtherance of the purposes of the Wilderness Act , the following lands in the State of Georgia, which are administered by the Secretary of Agriculture as part of the Chattahoochee National Forest and comprise approximately 8,448 acres, as generally depicted on the maps dated May 3, 2006, and entitled "Proposed Wilderness Additions Chattahoochee National Forest", are hereby designated as wilderness and incorporated into the existing wilderness area to which they adjoin: Three additions to the existing Southern Nantahala Wilderness: Ben Gap, consisting of 1,294 acres, Shoal Branch, consisting of 412, and Tate Branch, consisting of 1,085 acres. One addition to the existing Blood Mountain Wilderness: Cedar Mountain, consisting of 561 acres. Two additions to the existing Brasstown Wilderness: Duck Branch, consisting of 190 acres, and Wilson Cove, consisting of 563 acres. One addition to the existing Ellicott Rock Wilderness: Ellicott Rock Addition, consisting of 562 acres. Two additions to the existing Cohutta Wilderness: Foster Branch, consisting of 165 acres, and Ken Mountain, consisting of 527 acres. One addition to the existing Raven Cliffs Wilderness: Helton Creek, consisting of 2,451 acres. One addition to the existing Tray Mountain Wilderness: Tripp Branch, consisting of 638 acres. Maps and Legal Descriptions. As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress final maps and boundary descriptions of the lands designated as wilderness by this section. The maps and descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service. Administration. In general. Subject to valid existing rights, the Secretary shall administer the lands designated as wilderness by this section in accordance with the Wilderness Act and this section. Effective date of wilderness act. With respect to the land designated as wilderness by this section, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. Fish and wildlife. As provided in section 4(d)(7) of the Wilderness Act (16 USC. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State of Georgia with respect to fish and wildlife in the Chattahoochee National Forest. Withdrawal. Subject to valid existing rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws. And disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.	Chattahoochee National Forest Act of 2006 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest. Designates specified lands in Georgia which are administered by the Secretary as part of the Chattahoochee National Forest as wilderness and incorporates such lands into the existing wilderness area to which they adjoin.	To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia, and to designate additional National Forest System land in the State of Georgia as components of the National Wilderness Preservation System.
110_hr3299	SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL FOREST, COLORADO. (a) Boundary Adjustment.--The boundaries of Roosevelt National Forest, Colorado, are hereby modified to exclude from the national forest a parcel of real property consisting of approximately 7 acres within the Crystal Lakes Subdivision as depicted on the map entitled ``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008. (b) Conveyance of Land Removed From National Forest.--The Secretary of Agriculture shall use the authority provided by Public Law 97-465 (commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey all right, title, and interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under subsection (a) to the landowners whose real property adjoins the excluded land and who, as of the date of the enactment of this Act, occupy the excluded land. (c) Consideration.--The conveyances required by subsection (b) shall be made without consideration. (d) Description of Real Property.--The exact acreage and legal description of the land excluded from the boundaries of Roosevelt National Forest under subsection (a) and conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. SEC. 2. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. (a) In General.--The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (in this section referred to as ``NOAA''), including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary-- (1) determines that the conveyance is in the best interests of NOAA and the Federal Government; and (2) has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. (b) Consideration.-- (1) In general.--For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. (2) Form.--Consideration under this subsection may include any combination of-- (A) cash or cash equivalents; (B) other property (either real or personal); and (C) consideration in-kind, including-- (i) provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property; (ii) maintenance of NOAA property; (iii) provision of office, storage, or other useable space; or (iv) relocation services associated with conveyance of property under this section. (3) Determination of fair market value.--The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for-- (1) activities related to the operations of, or capital improvements, to NOAA property; or (2) relocation and other costs associated with the sale or exchange. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property (e) Termination.--The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.	Modifies the boundaries of Roosevelt National Forest, Colorado, to exclude from it a parcel of real property consisting of approximately seven acres within the Crystal Lakes Subdivision as depicted on a map dated July 15, 2008. Directs the Secretary of Agriculture to use the authority provided by the Small Tracts Act to convey all interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under this Act to the landowners whose real property adjoins the excluded land and who occupy the excluded land. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government. And (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property. Or (2) relocation and other costs associated with the sale or exchange.	To provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land, and for other purposes.	5,236	1,268	<SECTION-HEADER> BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL FOREST, COLORADO. Boundary Adjustment. The boundaries of Roosevelt National Forest, Colorado, are hereby modified to exclude from the national forest a parcel of real property consisting of approximately 7 acres within the Crystal Lakes Subdivision as depicted on the map entitled "Crystal Lakes Encroachment, HR 3299" and dated July 15, 2008. Conveyance of Land Removed From National Forest. The Secretary of Agriculture shall use the authority provided by Public Law 97-465 to convey all right, title, and interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under subsection (a) to the landowners whose real property adjoins the excluded land and who, as of the date of the enactment of this Act, occupy the excluded land. Consideration. The conveyances required by subsection (b) shall be made without consideration. Description of Real Property. The exact acreage and legal description of the land excluded from the boundaries of Roosevelt National Forest under subsection (a) and conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. <SECTION-HEADER> SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. In General. The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration , including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary determines that the conveyance is in the best interests of NOAA and the Federal Government. And has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. Consideration. In general. For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. Form. Consideration under this subsection may include any combination of cash or cash equivalents, other property. And consideration in-kind, including provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property, maintenance of NOAA property, provision of office, storage, or other useable space. Or relocation services associated with conveyance of property under this section. Determination of fair market value. The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. Use of Proceeds. Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for activities related to the operations of, or capital improvements, to NOAA property. Or relocation and other costs associated with the sale or exchange. Additional Terms and Conditions. The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property Termination. The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.	Modifies the boundaries of Roosevelt National Forest, Colorado, to exclude from it a parcel of real property consisting of approximately seven acres within the Crystal Lakes Subdivision as depicted on a map dated July 15, 2008. Directs the Secretary of Agriculture to use the authority provided by the Small Tracts Act to convey all interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under this Act to the landowners whose real property adjoins the excluded land and who occupy the excluded land. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government. And (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property. Or (2) relocation and other costs associated with the sale or exchange.	To provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land, and for other purposes.
114_s2639	SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Congressional Research Service Reports Act of 2016''. SEC. 2. DEFINITIONS. (a) CRS Product.--In this Act, the term ``CRS product'' means any final work product of CRS in any format. (b) CRS Report.-- (1) In general.--In this Act, the term ``CRS Report'' means any written CRS product, including an update to a previous written CRS product, consisting of-- (A) a Congressional Research Service Report; (B) a Congressional Research Service Authorization of Appropriations Product and Appropriations Product; or (C) subject to paragraph (2)(C), any other written CRS product containing CRS research or CRS analysis which is available for general congressional access on the CRS Congressional Intranet. (2) Exclusions.--The term ``CRS Report'' does not include-- (A) any CRS product that is determined by the CRS Director to be a custom product or service because it was prepared in direct response to a request for custom analysis or research and is not available for general congressional access on the CRS Congressional Intranet; (B) any Congressional Research Service Report or any Congressional Research Service Authorization of Appropriations Product and Appropriations Product which, as of the effective date of this Act, is not available for general congressional access on the CRS Congressional Intranet; or (C) a written CRS product that has been made available by CRS for publication on a public website maintained by the GPO Director (other than the Website) or the Library of Congress. (c) Other Definitions.--In this Act-- (1) the term ``CRS'' means the Congressional Research Service; (2) the term ``CRS Congressional Intranet'' means any of the websites maintained by CRS for the purpose of providing to Members and employees of Congress access to information from CRS; (3) the term ``CRS Director'' means the Director of CRS; (4) the term ``GPO Director'' means the Director of the Government Publishing Office; (5) the term ``Member of Congress'' includes a Delegate or Resident Commissioner to Congress; and (6) the term ``Website'' means the website established and maintained under section 3. SEC. 3. AVAILABILITY OF CRS REPORTS THROUGH GPO WEBSITE. (a) Website.-- (1) Establishment and maintenance.--The GPO Director, in consultation with the CRS Director, shall establish and maintain a public Website containing CRS Reports and an index of all CRS Reports contained on the Website, in accordance with this section. (2) Format.--On the Website, CRS Reports shall be searchable, sortable, and downloadable, including downloadable in bulk. (3) Free access.--Notwithstanding section 4102 of title 44, United States Code, the GPO Director may not charge a fee for access to the Website. (b) Updates; Disclaimer.--The GPO Director, in consultation with the CRS Director, shall ensure that the Website-- (1) is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report released on or after the effective date of this Act; (2) shows the status of each CRS Report as new, updated, or withdrawn; and (3) displays the following statement in reference to the CRS Reports included on the Website: ``These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.''. (c) Furnishing of Necessary Information and Technology.--The CRS Director shall consult with and provide assistance to the GPO Director to ensure-- (1) that the GPO Director is provided with all of the information necessary to carry out this Act, including all of the information described in subparagraphs (A) through (E) of section 4(a)(1), in such format and manner as the GPO Director considers appropriate; and (2) that CRS makes available and implements such technology as may be necessary to facilitate the contemporaneous, automatic, and electronic provision of CRS Reports to the GPO Director as required under this Act. (d) Nonexclusivity.--The GPO Director may publish other information on the Website. (e) Additional Techniques.--The GPO Director and the CRS Director may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this Act and any other applicable laws. (f) Additional Information.--The CRS Director is encouraged to make additional CRS products that are not custom products or services available to the GPO Director for publication on the Website, and the GPO Director is encouraged to publish such CRS products on the Website. (g) Expansion of Contents of Annual Report to Congress To Include Information on Efforts To Make Additional Products Available on Website.--Section 203(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(i)) is amended by striking the period at the end and inserting the following: ``, and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not custom products or services available to the Director of the Government Publishing Office for publication on the website established and maintained under the Equal Access to Congressional Research Service Reports Act of 2016.''. SEC. 4. WEBSITE CONTENTS. (a) Specific Requirements for Reports Posted on Website.-- (1) Responsibilities of gpo director.--With respect to each CRS Report included on the Website, the GPO Director shall include-- (A) the name and identification number of the CRS Report; (B) an indication as to whether the CRS Report is new, updated, or withdrawn; (C) the date of release of the CRS Report; (D) the division or divisions of CRS that were responsible for the production of the CRS Report; and (E) any other information the GPO Director, in consultation with the CRS Director, considers appropriate. (2) Responsibilities of crs director.--With respect to each CRS Report included on the Website, the CRS Director shall, prior to transmitting the Report to the GPO Director-- (A) at the discretion of the CRS Director, remove the name of and any contact information for any employee of CRS; and (B) include in the CRS Report the following written statement: ``This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as this CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.''. (b) Specific Requirements for Index on Website.--The GPO Director shall ensure that the index of all CRS Reports published on the Website is-- (1) comprehensive; (2) contemporaneously updated; (3) searchable; (4) sortable; (5) maintained in a human-readable format; (6) maintained in a structured data format; (7) downloadable; and (8) inclusive of each item of information described in subsection (a)(1) with respect to each CRS Report. SEC. 5. CONFORMING AMENDMENT TO DUTIES OF CRS. Section 203(d) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(d)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) to comply with the requirements of, and provide information and technological assistance consistent with, the Equal Access to Congressional Research Service Reports Act of 2016.''. SEC. 6. RULES OF CONSTRUCTION. (a) No Effect on Speech or Debate Clause.--Nothing in this Act may be construed to diminish, qualify, condition, waive, or otherwise affect the applicability of clause 1 of section 6 of article I of the Constitution of the United States (commonly known as the ``Speech or Debate Clause'') or any other privilege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this Act. (b) Confidential Communications.--Nothing in this Act may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accordance with the rules and privileges of each House and the requirements of this Act. (c) Dissemination of CRS Products.--Nothing in this Act may be construed to limit or otherwise affect the ability of a Member, office, or committee of Congress to disseminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 90 days after the date on which the GPO Director submits the certification described in subsection (b)(2). (b) Provision of Information and Technology.-- (1) CRS deadline.--Not later than 90 days after the date of enactment of this Act, the CRS Director shall provide the GPO Director with the information and technology necessary for the GPO Director to begin the initial operation of the Website. (2) Certification.--Upon provision of the information and technology described in paragraph (1), the GPO Director shall submit to Congress a certification that the CRS Director has provided the information and technology necessary for the GPO Director to begin the initial operation of the Website.	Equal Access to Congressional Research Service Reports Act of 2016 This bill directs the Government Publishing Office (GPO) to establish and maintain a public website containing Congressional Research Service (CRS) Reports, and an index, that are searchable, sortable, and downloadable , for which no fee may be charged. The CRS Reports on the website shall include CRS Authorization of Appropriations Products, Appropriations Products, and any other written CRS product containing CRS research or analysis available for general congressional access on the CRS Congressional Intranet. The website shall exclude any: custom product or service prepared in direct response to a request for custom analysis or research and not available for general congressional access on the CRS Congressional Intranet. CRS Reports, Authorization of Appropriations Products, or Appropriations Products not so available. Or written CRS products that CRS has made available on a public website maintained by the GPO or the Library of Congress. The GPO shall ensure that the website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report. Before transmitting a CRS Report to the GPO for publication on the website, CRS may remove the name of, and any contact information for, any CRS employee. The Legislative Reorganization Act of 1946 is amended to require CRS to comply with this Act.	Equal Access to Congressional Research Service Reports Act of 2016	12,869	1,416	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Equal Access to Congressional Research Service Reports Act of 2016". <SECTION-HEADER> DEFINITIONS. CRS Product. In this Act, the term "CRS product" means any final work product of CRS in any format. CRS Report. In general. In this Act, the term "CRS Report" means any written CRS product, including an update to a previous written CRS product, consisting of a Congressional Research Service Report. A Congressional Research Service Authorization of Appropriations Product and Appropriations Product. Or subject to paragraph (2)(C), any other written CRS product containing CRS research or CRS analysis which is available for general congressional access on the CRS Congressional Intranet. Exclusions. The term "CRS Report" does not include any CRS product that is determined by the CRS Director to be a custom product or service because it was prepared in direct response to a request for custom analysis or research and is not available for general congressional access on the CRS Congressional Intranet. Any Congressional Research Service Report or any Congressional Research Service Authorization of Appropriations Product and Appropriations Product which, as of the effective date of this Act, is not available for general congressional access on the CRS Congressional Intranet. Or a written CRS product that has been made available by CRS for publication on a public website maintained by the GPO Director or the Library of Congress. Other Definitions. In this Act the term "CRS" means the Congressional Research Service. The term "CRS Congressional Intranet" means any of the websites maintained by CRS for the purpose of providing to Members and employees of Congress access to information from CRS, the term "CRS Director" means the Director of CRS. The term "GPO Director" means the Director of the Government Publishing Office. The term "Member of Congress" includes a Delegate or Resident Commissioner to Congress. And the term "Website" means the website established and maintained under section 3. <SECTION-HEADER> AVAILABILITY OF CRS REPORTS THROUGH GPO WEBSITE. Website. Establishment and maintenance. The GPO Director, in consultation with the CRS Director, shall establish and maintain a public Website containing CRS Reports and an index of all CRS Reports contained on the Website, in accordance with this section. Format. On the Website, CRS Reports shall be searchable, sortable, and downloadable, including downloadable in bulk. Free access. Notwithstanding section 4102 of title 44, United States Code, the GPO Director may not charge a fee for access to the Website. Updates. Disclaimer. The GPO Director, in consultation with the CRS Director, shall ensure that the Website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report released on or after the effective date of this Act. Shows the status of each CRS Report as new, updated, or withdrawn. And displays the following statement in reference to the CRS Reports included on the Website: "These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.". Furnishing of Necessary Information and Technology. The CRS Director shall consult with and provide assistance to the GPO Director to ensure that the GPO Director is provided with all of the information necessary to carry out this Act, including all of the information described in subparagraphs (A) through (E) of section 4(a)(1), in such format and manner as the GPO Director considers appropriate. And that CRS makes available and implements such technology as may be necessary to facilitate the contemporaneous, automatic, and electronic provision of CRS Reports to the GPO Director as required under this Act. Nonexclusivity. The GPO Director may publish other information on the Website. Additional Techniques. The GPO Director and the CRS Director may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this Act and any other applicable laws. Additional Information. The CRS Director is encouraged to make additional CRS products that are not custom products or services available to the GPO Director for publication on the Website, and the GPO Director is encouraged to publish such CRS products on the Website. Expansion of Contents of Annual Report to Congress To Include Information on Efforts To Make Additional Products Available on Website. Section 203(i) of the Legislative Reorganization Act of 1946 (2 USC. 166(i)) is amended by striking the period at the end and inserting the following: ", and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not custom products or services available to the Director of the Government Publishing Office for publication on the website established and maintained under the Equal Access to Congressional Research Service Reports Act of 2016.". <SECTION-HEADER> WEBSITE CONTENTS. Specific Requirements for Reports Posted on Website. Responsibilities of gpo director. With respect to each CRS Report included on the Website, the GPO Director shall include the name and identification number of the CRS Report. An indication as to whether the CRS Report is new, updated, or withdrawn, the date of release of the CRS Report. The division or divisions of CRS that were responsible for the production of the CRS Report. And any other information the GPO Director, in consultation with the CRS Director, considers appropriate. Responsibilities of crs director. With respect to each CRS Report included on the Website, the CRS Director shall, prior to transmitting the Report to the GPO Director at the discretion of the CRS Director, remove the name of and any contact information for any employee of CRS. And include in the CRS Report the following written statement: "This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as this CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.". Specific Requirements for Index on Website. The GPO Director shall ensure that the index of all CRS Reports published on the Website is comprehensive, contemporaneously updated, searchable, sortable, maintained in a human-readable format, maintained in a structured data format, downloadable. And inclusive of each item of information described in subsection (a)(1) with respect to each CRS Report. <SECTION-HEADER> CONFORMING AMENDMENT TO DUTIES OF CRS. Section 203(d) of the Legislative Reorganization Act of 1946 (2 USC. 166(d)) is amended by striking "and" at the end of paragraph (7). By striking the period at the end of paragraph (8) and inserting ", and". And by adding at the end the following new paragraph: to comply with the requirements of, and provide information and technological assistance consistent with, the Equal Access to Congressional Research Service Reports Act of 2016.". <SECTION-HEADER> RULES OF CONSTRUCTION. No Effect on Speech or Debate Clause. Nothing in this Act may be construed to diminish, qualify, condition, waive, or otherwise affect the applicability of clause 1 of section 6 of article I of the Constitution of the United States or any other privilege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this Act. Confidential Communications. Nothing in this Act may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accordance with the rules and privileges of each House and the requirements of this Act. Dissemination of CRS Products. Nothing in this Act may be construed to limit or otherwise affect the ability of a Member, office, or committee of Congress to disseminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities. <SECTION-HEADER> EFFECTIVE DATE. In General. Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 90 days after the date on which the GPO Director submits the certification described in subsection (b)(2). Provision of Information and Technology. CRS deadline. Not later than 90 days after the date of enactment of this Act, the CRS Director shall provide the GPO Director with the information and technology necessary for the GPO Director to begin the initial operation of the Website. Certification. Upon provision of the information and technology described in paragraph (1), the GPO Director shall submit to Congress a certification that the CRS Director has provided the information and technology necessary for the GPO Director to begin the initial operation of the Website.	Equal Access to Congressional Research Service Reports Act of 2016 This bill directs the Government Publishing Office (GPO) to establish and maintain a public website containing Congressional Research Service (CRS) Reports, and an index, that are searchable, sortable, and downloadable , for which no fee may be charged. The CRS Reports on the website shall include CRS Authorization of Appropriations Products, Appropriations Products, and any other written CRS product containing CRS research or analysis available for general congressional access on the CRS Congressional Intranet. The website shall exclude any: custom product or service prepared in direct response to a request for custom analysis or research and not available for general congressional access on the CRS Congressional Intranet. CRS Reports, Authorization of Appropriations Products, or Appropriations Products not so available. Or written CRS products that CRS has made available on a public website maintained by the GPO or the Library of Congress. The GPO shall ensure that the website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report. Before transmitting a CRS Report to the GPO for publication on the website, CRS may remove the name of, and any contact information for, any CRS employee. The Legislative Reorganization Act of 1946 is amended to require CRS to comply with this Act.	Equal Access to Congressional Research Service Reports Act of 2016
109_hr3832	SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance to Individuals Delivering for America Act of 2005'' or the ``AID for America Act of 2005''. SEC. 2. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45M the following new section: ``SEC. 45N. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. ``(a) In General.--For purposes of section 38, the employee disaster relief volunteer services credit determined under this section for the taxable year is an amount equal to 50 percent of the wages paid or incurred by the taxpayer during the taxable year to any employee of the taxpayer while such employee is performing qualified disaster relief services. ``(b) Limitations.-- ``(1) Maximum credit of $3,000 per month per employee.--The credit determined under this section with respect to services performed by an employee shall not exceed $100 per day of qualified disaster relief services. ``(2) Minimum period of creditable service.--A day of qualified disaster relief services of an employee may be taken into account under this section only if-- ``(A) such services are performed for at least 8 hours of such day, and ``(B) such day is within a 7-day period on at least 5 days of which the requirement of subparagraph (A) is met. ``(3) Maximum period of creditable service.--The period of qualified disaster relief services performed by an employee which may be taken into account under this section for the taxable year shall not exceed 90 days. ``(c) Employer Must Maintain Wages and Benefits.--No credit shall be determined under this section for wages paid or incurred by the taxpayer during any period unless the wages and benefits provided by the taxpayer for such period are the same as they would be were the employee not performing qualified disaster relief services and were performing such employee's normal services for the employer. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified disaster relief services.--The term `qualified disaster relief services' means any service furnished by an employee of the taxpayer if-- ``(A) the services are performed for an organization-- ``(i) which is determined by the Federal Emergency Management Agency as a bona fide disaster relief organization, and ``(ii) which is determined by the Secretary to have adequate recordkeeping and reporting procedures to make determinations under this section, ``(B) the services are performed in the area of a Presidentially declared disaster (as defined in section 1003(h)(3)) or in support of recovery efforts from such a disaster and are so certified by such organization, and ``(C) the employee receives no additional compensation for performing such services and the employer receives no compensation for such services. ``(2) Wages.--The term `wages' has the meaning given to such term by section 51(c). ``(e) Controlled Groups.--Rules similar to the rules of section 1397(b) shall apply for purposes of this section.'' (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45N(a),'' after ``45A(a),''. (c) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(25) the employee disaster relief volunteer services credit determined under section 45N(a).''. (2) Deduction for certain unused business credits.-- Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding after paragraph (13) the following new paragraph: ``(14) the employee disaster relief volunteer services credit determined under section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Employer credit for wages paid to employees who perform volunteer disaster relief services.''. (e) Effective Date.--The amendments made by this section shall apply to services performed after August 24, 2005, in taxable years ending after such date.	Assistance to Individuals Delivering for America Act of 2005 or the AID for America Act of 2005 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the wages paid to employees serving as disaster relief volunteers. Limits the amount of such credit to $100 per day per employee.	To amend the Internal Revenue Code of 1986 to reward those Americans who provide volunteer services in times of national need.	5,531	319	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Assistance to Individuals Delivering for America Act of 2005" or the "AID for America Act of 2005". <SECTION-HEADER> EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45M the following new section: "Section 45N. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. In General. For purposes of section 38, the employee disaster relief volunteer services credit determined under this section for the taxable year is an amount equal to 50 percent of the wages paid or incurred by the taxpayer during the taxable year to any employee of the taxpayer while such employee is performing qualified disaster relief services. Limitations. Maximum credit of $3,000 per month per employee. The credit determined under this section with respect to services performed by an employee shall not exceed $100 per day of qualified disaster relief services. Minimum period of creditable service. A day of qualified disaster relief services of an employee may be taken into account under this section only if such services are performed for at least 8 hours of such day, and such day is within a 7-day period on at least 5 days of which the requirement of subparagraph (A) is met. Maximum period of creditable service. The period of qualified disaster relief services performed by an employee which may be taken into account under this section for the taxable year shall not exceed 90 days. Employer Must Maintain Wages and Benefits. No credit shall be determined under this section for wages paid or incurred by the taxpayer during any period unless the wages and benefits provided by the taxpayer for such period are the same as they would be were the employee not performing qualified disaster relief services and were performing such employee's normal services for the employer. Definitions. For purposes of this section Qualified disaster relief services. The term `qualified disaster relief services' means any service furnished by an employee of the taxpayer if the services are performed for an organization which is determined by the Federal Emergency Management Agency as a bona fide disaster relief organization, and which is determined by the Secretary to have adequate recordkeeping and reporting procedures to make determinations under this section, the services are performed in the area of a Presidentially declared disaster (as defined in section 1003(h)(3)) or in support of recovery efforts from such a disaster and are so certified by such organization, and the employee receives no additional compensation for performing such services and the employer receives no compensation for such services. Wages. The term `wages' has the meaning given to such term by section 51(c). Controlled Groups. Rules similar to the rules of section 1397(b) shall apply for purposes of this section." Denial of Double Benefit. Subsection (a) of section 280C of such Code is amended by inserting "45N(a)," after "45A(a),". Credit Made Part of General Business Credit. In general. Subsection (b) of section 38 of such Code is amended by striking "plus" at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ", plus", and by adding at the end thereof the following new paragraph: the employee disaster relief volunteer services credit determined under section 45N(a).". Deduction for certain unused business credits. Subsection (c) of section 196 of such Code is amended by striking "and" at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ", and", and by adding after paragraph (13) the following new paragraph: the employee disaster relief volunteer services credit determined under section 45N(a).". Clerical Amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: "Section 45N. Employer credit for wages paid to employees who perform volunteer disaster relief services.". Effective Date. The amendments made by this section shall apply to services performed after August 24, 2005, in taxable years ending after such date.	Assistance to Individuals Delivering for America Act of 2005 or the AID for America Act of 2005 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the wages paid to employees serving as disaster relief volunteers. Limits the amount of such credit to $100 per day per employee.	To amend the Internal Revenue Code of 1986 to reward those Americans who provide volunteer services in times of national need.
106_hr332	SECTION 1. SHORT TITLE. This Act may be cited as the ``OPIC Termination Act''. SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.--(1) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (b) Termination of OPIC.--Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to OMB.--The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). (e) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 3. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.--(1) The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. (e) Parties.--If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (f) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.--(1) Section 5314 of title 5, United States Code, is amended by striking: ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking: ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking: ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.--(1) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act''. (2) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (3) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (A) by striking subparagraph (K); and (B) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (4) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12) by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (5) Section 624 of the Higher Education Act of 1965 (20 U.S.C. 1131c) is amended by striking ``the Overseas Private Investment Corporation,''. (6) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (7)(A) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is amended-- (i) by amending subsection (b) to read as follows: ``(b) Countries.--The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.''; and (ii) in the first sentence of subsection (c) by striking ``the Administrator'' and all that follows through ``Corporation'' and inserting ``and the Administrator of the Agency for International Development''. (B) The amendment made by subparagraph (A) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this Act. (8) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed. (9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (10) Section 9101(3) of title 31, United States Code, is amended-- (A) by striking subparagraph (H); and (B) by redesignating subparagraphs (I) through (P) as subparagraphs (H) through (O), respectively. (11) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. (D) Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. (E) Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100-461. (c) Effective Date.--The amendments and repeals made by this section shall take effect 180 days after the date of the enactment of this Act.	OPIC Termination Act - Abolishes the Overseas Private Investment Corporation.	OPIC Termination Act	11,040	77	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "OPIC Termination Act". <SECTION-HEADER> TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. Termination of Authority To Make New Obligations. (1) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. Termination of OPIC. Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. Transfer of Operations to OMB. The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. Repeal of Authorities. Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). Appropriations. Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. <SECTION-HEADER> SAVINGS PROVISIONS. Prior Determinations Not Affected. The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. Pending Proceedings. (1) The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted. And orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). Actions. Except as provided in subsection (e) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d). And in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. Liabilities Incurred. No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. Parties. If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. Review. Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. <SECTION-HEADER> TECHNICAL AND CONFORMING AMENDMENTS. Title 5, United States Code. (1) Section 5314 of title 5, United States Code, is amended by striking: "President, Overseas Private Investment Corporation.". Section 5315 of title 5, United States Code, is amended by striking: "Executive Vice President, Overseas Private Investment Corporation.". Section 5316 of title 5, United States Code, is amended by striking: "Vice Presidents, Overseas Private Investment Corporation .". Other Amendments and Repeals. (1) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after "section 238(c)" the following: "as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act". Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 USC. 4721(b)(9)) is amended by striking "the Overseas Private Investment Corporation,". Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 USC. 4727(d)(1)) is amended by striking subparagraph (K). And by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 USC. 4902(b)) is amended in paragraph (12) by adding "and" after the semicolon, by striking paragraph (13). And by redesignating paragraph (14) as paragraph (13). Section 624 of the Higher Education Act of 1965 is amended by striking "the Overseas Private Investment Corporation,". Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 USC. 2291(e)(4)(A)) is amended by striking "". (A) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 is amended by amending subsection (b) to read as follows: Countries. The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.". And in the first sentence of subsection (c) by striking "the Administrator" and all that follows through "Corporation" and inserting "and the Administrator of the Agency for International Development". The amendment made by subparagraph (A) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this Act. Section 2(c)(12) of the Support for East European Democracy Act of 1989 (22 USC. 5401(c)(12)) is repealed. Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 USC. 6062(b)(2)(B)) is amended by striking clause (iv). And by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (H). And by redesignating subparagraphs (I) through (P) as subparagraphs (H) through (O), respectively. The following provisions of law are repealed: Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 . Section 5 of the Taiwan Relations Act . Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100-461. Effective Date. The amendments and repeals made by this section shall take effect 180 days after the date of the enactment of this Act.	OPIC Termination Act - Abolishes the Overseas Private Investment Corporation.	OPIC Termination Act
105_hr486	SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Act of 1997''. SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. (a) Amendment.--Title I of the Communications Act of 1934 is amended by inserting after section 11 (47 U.S.C. 161) the following new section: ``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. ``(a) Findings.--The Congress finds that-- ``(1) Indian and Alaskan Native people live in some of the most geographically remote areas of the country, with 50 percent of Indian and Alaskan Native people living in Oklahoma, California, South Dakota, Arizona, New Mexico, Alaska, and Washington; ``(2) Indian poverty in reservation areas is 3.9 times the national average rate; ``(3) the average phone penetration rates for rural Native Americans is only 50 percent and actual penetration rates are often much lower; ``(4) what phone service there is in Indian country is often substandard and prohibitively expensive; ``(5) the Telecommunications Act of 1996 establishes a Federal-State Joint Board which issued recommendations on how to make low-cost telephone service affordable to all and to define what is deemed to be `universal service'; ``(6) the Telecommunications Act of 1996 requires the Federal Communications Commission to implement the recommendations from the Joint Board by May 8, 1997; ``(7) the benefits of Federal universal service policies have often not reached Indian country; ``(8) the Federal Government and the States have not historically adequately required telecommunications carriers to provide telecommunications services on Indian lands; and ``(9) the United States recognizes the sovereignty of Indian tribes in relation to the States through a government- to-government relationship, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes. ``(b) Policy Required.--Within 120 days after the date of enactment of this section, the Commission shall initiate a proceeding to develop and establish an official policy regarding the relations between the Commission and American Indians, including Alaskan Natives. In establishing such policy, the Commission shall-- ``(1) recognize-- ``(A) the special needs of American Indians, including Alaskan Natives, as determined under subsection (a); ``(B) the sovereign authority of tribal governments; and ``(C) the trust obligations of the United States; ``(2) promote the exercise of sovereign authority of tribal governments over the establishment of communications policies and regulations within their jurisdictions; ``(3) seek to promote Native Americans', including Alaskan Natives', participation in the consumption and provision of telecommunications services; and ``(4) not preclude the opportunity for improved negotiations between tribes and the States. ``(c) Notice Obligations.--The policy established pursuant to subsection (b) shall include procedures for giving Native Americans, including Alaskan Natives, notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted under section 309(j) of bands of frequencies in areas under the jurisdiction of tribal governments. ``(d) Forbearance.--The Commission shall forbear from applying any provision of this Act or any regulation thereunder to the extent that such forbearance-- ``(1) is necessary to ensure compliance with the trust responsibility of the United States; and ``(2) is consistent with the public interest. ``(e) Triennial Review.--The Commission shall review and revise as necessary the policies established pursuant to subsection (b) at least once every 3 years after the establishment of such policies.''. (b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47 U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan Native villages,'' after ``including''. SEC. 3. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPALS IN INDIAN COUNTRY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) Access by native americans.--Because States have not historically exercised the authority to require telecommunications carriers to deliver services on Indian lands, and because of the trust responsibilities of the United States, the responsibility to ensure the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates is a Federal responsibility that should be assured by means of the Federal support mechanisms established under this section, taking into account any support mechanisms established by the States.''; and (2) by adding at the end the following new subsection: ``(l) Maintenance of Native American Subscribership and Affordability Data.--The Commission shall prescribe such regulations as are necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. Such data shall be maintained by the Commission in a form that is easily accessible to the public. The Commission shall periodically review and summarize such data in its annual reports under section 4(k), and shall, on the basis of such review, take such other actions as are necessary to carry out the purposes of this section with respect to the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates.''. SEC. 4. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES. Section 103 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902) is amended by adding at the end the following new subsection: ``(d) Native American Telecommunications Infrastructure Policy Initiatives.--In carrying out the authority to serve as the President's adviser under subsection (b)(2)(D), the Assistant Secretary and the NTIA shall be responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.''.	Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians . Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in areas under the jurisdiction of tribal governments. Requires a review and revision as necessary of such policies at least every three years. Requires the Federal-State Joint Board and the FCC to include access by Native Americans as a principal for the preservation and advancement of universal service. Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. (2) periodically review and summarize such data in its annual reports. And (3) take necessary actions to deliver telecommunications and information services to Native Americans at just, reasonable, and affordable rates. Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.	Native American Telecommunications Act of 1997	7,146	1,647	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Native American Telecommunications Act of 1997". <SECTION-HEADER> ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. Amendment. Title I of the Communications Act of 1934 is amended by inserting after section 11 the following new section: "Section 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. Findings. The Congress finds that Indian and Alaskan Native people live in some of the most geographically remote areas of the country, with 50 percent of Indian and Alaskan Native people living in Oklahoma, California, South Dakota, Arizona, New Mexico, Alaska, and Washington. Indian poverty in reservation areas is 3.9 times the national average rate. The average phone penetration rates for rural Native Americans is only 50 percent and actual penetration rates are often much lower. What phone service there is in Indian country is often substandard and prohibitively expensive. The Telecommunications Act of 1996 establishes a Federal-State Joint Board which issued recommendations on how to make low-cost telephone service affordable to all and to define what is deemed to be `universal service'. The Telecommunications Act of 1996 requires the Federal Communications Commission to implement the recommendations from the Joint Board by May 8, 1997. The benefits of Federal universal service policies have often not reached Indian country. The Federal Government and the States have not historically adequately required telecommunications carriers to provide telecommunications services on Indian lands. And the United States recognizes the sovereignty of Indian tribes in relation to the States through a government- to-government relationship, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes. Policy Required. Within 120 days after the date of enactment of this section, the Commission shall initiate a proceeding to develop and establish an official policy regarding the relations between the Commission and American Indians, including Alaskan Natives. In establishing such policy, the Commission shall recognize the special needs of American Indians, including Alaskan Natives, as determined under subsection (a), the sovereign authority of tribal governments, and the trust obligations of the United States. Promote the exercise of sovereign authority of tribal governments over the establishment of communications policies and regulations within their jurisdictions. Seek to promote Native Americans', including Alaskan Natives', participation in the consumption and provision of telecommunications services. And not preclude the opportunity for improved negotiations between tribes and the States. Notice Obligations. The policy established pursuant to subsection (b) shall include procedures for giving Native Americans, including Alaskan Natives, notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted under section 309(j) of bands of frequencies in areas under the jurisdiction of tribal governments. Forbearance. The Commission shall forbear from applying any provision of this Act or any regulation thereunder to the extent that such forbearance is necessary to ensure compliance with the trust responsibility of the United States. And is consistent with the public interest. Triennial Review. The Commission shall review and revise as necessary the policies established pursuant to subsection (b) at least once every 3 years after the establishment of such policies.". Conforming Amendment. Section 309(j)(3)(B) of such Act (47 USC. 309(j)(3)(B)) is amended by inserting "Indian tribes, Alaskan Native villages," after "including". <SECTION-HEADER> ATTAINMENT OF UNIVERSAL SERVICE PRINCIPALS IN INDIAN COUNTRY. Section 254 of the Communications Act of 1934 is amended in subsection (b) by redesignating paragraph (7) as paragraph. And by inserting after paragraph (6) the following new paragraph: Access by native americans. Because States have not historically exercised the authority to require telecommunications carriers to deliver services on Indian lands, and because of the trust responsibilities of the United States, the responsibility to ensure the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates is a Federal responsibility that should be assured by means of the Federal support mechanisms established under this section, taking into account any support mechanisms established by the States.". And by adding at the end the following new subsection: Maintenance of Native American Subscribership and Affordability Data. The Commission shall prescribe such regulations as are necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. Such data shall be maintained by the Commission in a form that is easily accessible to the public. The Commission shall periodically review and summarize such data in its annual reports under section 4(k), and shall, on the basis of such review, take such other actions as are necessary to carry out the purposes of this section with respect to the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates.". <SECTION-HEADER> INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES. Section 103 of the National Telecommunications and Information Administration Organization Act is amended by adding at the end the following new subsection: Native American Telecommunications Infrastructure Policy Initiatives. In carrying out the authority to serve as the President's adviser under subsection (b)(2)(D), the Assistant Secretary and the NTIA shall be responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.".	Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians . Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in areas under the jurisdiction of tribal governments. Requires a review and revision as necessary of such policies at least every three years. Requires the Federal-State Joint Board and the FCC to include access by Native Americans as a principal for the preservation and advancement of universal service. Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. (2) periodically review and summarize such data in its annual reports. And (3) take necessary actions to deliver telecommunications and information services to Native Americans at just, reasonable, and affordable rates. Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.	Native American Telecommunications Act of 1997
115_s1578	SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperwork Reduction for Farmers Act''. SEC. 2. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) that ensures that-- (1) petitioners may file such petitions through the Department of Labor's website; (2) any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission; and (3) any petitioner may file such petition in a paper format if such petitioner prefers such format. (b) Request for Evidence.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) If U.S. Citizenship and Immigration Services issues a Request for Evidence to an employer-- ``(A) the employer may request such Request for Evidence to be delivered in an online format; and ``(B) if the employer makes the request described in subparagraph (A)-- ``(i) the Request for Evidence shall be provided to the employer in an online format; and ``(ii) not later than 10 business days after the employer submits the requested evidence online, U.S. Citizenship and Immigration Services shall provide an online response to the employer-- ``(I) indicating that the submitted evidence is sufficient; or ``(II) explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency.''. SEC. 3. H-2A PROGRAM UPDATES. (a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``, labor as a year-round equine worker, labor as a year- round livestock worker (including as a dairy or poultry worker)'' before ``, and the pressing of apples''. (b) Joint Application; Deficiency Remedy.--Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended-- (1) by inserting ``(A)'' after ``(1)''; and (2) by adding at the end the following: ``(B) Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. ``(C) If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem.''. (c) Labor Certification; Staggered Employment Dates.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)), as amended by section 3(b), is further amended by adding at the end the following: ``(4) An employer that is seeking to rehire aliens as H-2A workers who previously worked for the employer as H-2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. ``(5) An employer that is seeking to hire aliens as H-2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. ``(6) Upon receiving notification from an employer that the employer's H-2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker-- ``(A) the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker; and ``(B) the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings.''.	Paperwork Reduction for Farmers Act This bill directs the Department of Labor to establish a process for filing petitions for nonimmigrant temporary agricultural workers that ensures that: (1) petitions may be filed through Labor's website or in a paper format, and (2) any technical deficiency in the petition will be indicated to the petitioner before submission. An employer that has received a request for evidence from US Citizenship and Immigration Services (CIS) may request that such evidence request be delivered in an online format. CIS, within 10 days of the employer's submission of evidence, shall: (1) provide an online response indicating whether the evidence is sufficient. And (2) if the evidence is insufficient, provide the employer with an opportunity to address the deficiencies. The Immigration and Nationality Act is amended to include year-round equine or livestock workers within the H-2A visa category. The requirement that apple pressing be performed on a farm in order to qualify for H-2A status is eliminated. The bill permits multiple employers to submit a joint petition to import nonimmigrant H-2A visa temporary agricultural workers. Upon approval of such petition, each joint employer shall be subject to the Act's H-2A provisions with respect to each alien listed in the petition. An employer seeking to rehire H-2A workers who previously worked for the employer as H-2A workers at any time may submit a simplified petition, to be developed by CIS, which shall include a certification that the employer complies with all applicable employment requirements. Such petitions shall be approved upon completion of applicable security screenings. An employer seeking to hire H-2A workers during different time periods in a given fiscal year may submit a single petition to CIS detailing each alien's employment period.	Paperwork Reduction for Farmers Act	5,450	1,847	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Paperwork Reduction for Farmers Act". <SECTION-HEADER> ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS. In General. Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 USC. 1101(a)(15)(H)(ii)(a)) that ensures that petitioners may file such petitions through the Department of Labor's website. Any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission. And any petitioner may file such petition in a paper format if such petitioner prefers such format. Request for Evidence. Section 218(h) of the Immigration and Nationality Act (8 USC. 1188(h)) is amended by adding at the end the following: If US Citizenship and Immigration Services issues a Request for Evidence to an employer the employer may request such Request for Evidence to be delivered in an online format. And if the employer makes the request described in subparagraph (A) the Request for Evidence shall be provided to the employer in an online format. And not later than 10 business days after the employer submits the requested evidence online, US Citizenship and Immigration Services shall provide an online response to the employer indicating that the submitted evidence is sufficient. Or explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency.". <SECTION-HEADER> H-2A PROGRAM UPDATES. In General. Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 USC. 1101(a)(15)(H)(ii)(a)) is amended by inserting ", labor as a year-round equine worker, labor as a year- round livestock worker " before ", and the pressing of apples". Joint Application. Deficiency Remedy. Section 214(c)(1) of the Immigration and Nationality Act (8 USC. 1184(c)(1)) is amended by inserting "(A)" after "(1)". And by adding at the end the following: Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of US Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem.". Labor Certification. Staggered Employment Dates. Section 218(h) of the Immigration and Nationality Act (8 USC. 1188(h)), as amended by section 3(b), is further amended by adding at the end the following: An employer that is seeking to rehire aliens as H-2A workers who previously worked for the employer as H-2A workers may submit a simplified petition, to be developed by the Director of US Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. An employer that is seeking to hire aliens as H-2A workers during different time periods in a given fiscal year may submit a single petition to US Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. Upon receiving notification from an employer that the employer's H-2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker. And the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings.".	Paperwork Reduction for Farmers Act This bill directs the Department of Labor to establish a process for filing petitions for nonimmigrant temporary agricultural workers that ensures that: (1) petitions may be filed through Labor's website or in a paper format, and (2) any technical deficiency in the petition will be indicated to the petitioner before submission. An employer that has received a request for evidence from US Citizenship and Immigration Services (CIS) may request that such evidence request be delivered in an online format. CIS, within 10 days of the employer's submission of evidence, shall: (1) provide an online response indicating whether the evidence is sufficient. And (2) if the evidence is insufficient, provide the employer with an opportunity to address the deficiencies. The Immigration and Nationality Act is amended to include year-round equine or livestock workers within the H-2A visa category. The requirement that apple pressing be performed on a farm in order to qualify for H-2A status is eliminated. The bill permits multiple employers to submit a joint petition to import nonimmigrant H-2A visa temporary agricultural workers. Upon approval of such petition, each joint employer shall be subject to the Act's H-2A provisions with respect to each alien listed in the petition. An employer seeking to rehire H-2A workers who previously worked for the employer as H-2A workers at any time may submit a simplified petition, to be developed by CIS, which shall include a certification that the employer complies with all applicable employment requirements. Such petitions shall be approved upon completion of applicable security screenings. An employer seeking to hire H-2A workers during different time periods in a given fiscal year may submit a single petition to CIS detailing each alien's employment period.	Paperwork Reduction for Farmers Act
105_hr4176	SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Jamming Act of 1998''. TITLE I--PREVENTION OF SPAMMING SEC. 101. EXTENSION OF JUNK FAX REMEDIES TO COMMERCIAL EMAIL Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) in subsection (a), by adding at the end the following new paragraphs: ``(5) The term `unsolicited electronic mail message' means any electronic mail message that is addressed and sent to a recipient with whom the initiator does not have an existing relationship and has been sent by the initiator without the express consent of the recipient. ``(6) The term `unsolicited commercial electronic mail message' means any unsolicited electronic mail message that is sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. ``(7) The term `electronic mail service provider' means any entity that provides subscribers the ability to send or receive electronic mail. ``(8) The term `published policy' means, with respect to an electronic mail service provider's policy on unsolicited electronic mail messages, that such policy is available upon request in written form at no charge or is displayed conspicuously through an online notice on the Internet home page of the electronic mail service provider.''; (2) in subsection (c)(3)-- (A) by striking ``If the Commission determines to require such a database,'' and inserting ``If the Commission determines to require such a database pursuant to paragraph (2), or at any time subsequent to the proceeding required by paragraph (1) determines that a database is required to protect subscribers from telephone solicitations or unsolicited electronic mail messages,''; (B) by striking ``and'' at the end of subparagraph (K); (C) by striking the period at the end of subparagraph (L) and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(M) require each electronic mail service provider, in accordance with regulations prescribed by the Commission, to inform subscribers for electronic mail service of the opportunity to provide notification, in accordance with such regulations, that such subscribers objects to receiving unsolicited commercial electronic mail messages; and ``(N) specify the methods by which each electronic mail service subscriber shall be informed, by the electronic mail service provider that provides such service to such subscriber, of (i) the subscriber's right to give or revoke a notification of objection under subparagraph (M), and (ii) the methods by which such right may be exercised by the subscriber.''; (3) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (4) by inserting after subsection (d) the following new subsection: ``(e) Restrictions on the Use of Unsolicited Commercial Electronic Mail Messages.-- ``(1) Information about sender; right to reply.--It shall be unlawful for any person within the United States-- ``(A) to initiate an unsolicited commercial electronic mail message unless such message contains-- ``(i) the name, street address, electronic mail address, and telephone number of the person who initiates transmission of the message; ``(ii) the name, street address, electronic mail address, and telephone number of the person who created the content of the message; ``(iii) a reply electronic mail address, conspicuously displayed, where recipients may send a reply to indicate a desire not to receive any further messages; or ``(iv) information on how recipients may exercise the rights established pursuant to subsection (c)(3); ``(B) to initiate an unsolicited commercial electronic mail message to any recipient who has previously indicated a desire not to receive such messages by sending a reply described in subparagraph (A)(iii)); or ``(C) to initiate an unsolicited commercial electronic mail message unless such message contains Internet routing information that is accurate, is valid according to prevailing standards for Internet protocols, and correctly reflects the actual message routing. ``(2) Enforcement of voluntary cyberrules regarding spamming.-- ``(A) Prohibition.--No subscriber of an electronic mail service provider shall use, or cause to be used, the electronic mail service or equipment in violation of that electronic mail service's published policy prohibiting or restricting the use of its service or equipment for the initiation of an unsolicited commercial electronic mail message. ``(B) Enforcement by providers.--Any subscriber who violates subparagraph (A) for the initiation of an unsolicited commercial electronic mail message shall be liable to the electronic mail service provider for damages in an amount equal to $50 for each of the provider's subscribers to whom such message was transmitted.''; and (5) in subsection (f)(1) (as redesignated by paragraph (3))-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) the making of unsolicited commercial electronic mail messages.''. TITLE II--PREVENTION OF SLAMMING AND CRAMMING SEC. 201. LIABILITY TO SUBSCRIBERS; AUTHORITY OF STATES. (a) Amendment.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended by striking subsection (b) and inserting the following: ``(b) Liability for Charges After Slamming.-- ``(1) Liability.--Any telecommunications carrier that violates the verification procedures described in subsection (a) and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable, in accordance with such procedures as the Commission may prescribe-- ``(A) to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation; and ``(B) to the subscriber in an amount equal to twice the amount of all charges paid by such subscriber after such violation. ``(2) Effect on other laws.--The remedies provided by subsection (b) are in addition to any other remedies available by law. ``(c) Prohibition of and Liability for Cramming.-- ``(1) Prohibition.--No telecommunications carrier (including billing aggregators and service providers) shall submit for billing on bills for telecommunications services unauthorized services or products. ``(2) Liability to subscriber.--Any telecommunication carrier (including billing aggregators and service providers) that violates paragraph (1) and collects charges for unauthorized services or products from a subscriber shall be liable to such subscriber in an amount equal to twice the total amount of charges paid by such subscriber after such violation. The remedies provided by this subsection are in addition to any other remedies available by law. ``(c) Actions by States.-- ``(1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of (A) effecting changes in a subscribers' selections of a provider of telephone exchange service or telephone toll service in violation of this section or the regulations prescribed under this section, or (B) submitting for billing on bills for telecommunications services, and collecting for, unauthorized services or products, shall the State may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.--The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(6) Effect on state court proceedings.--Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--As used in this subsection, the term `attorney general' means the chief legal officer of a State.''. SEC. 202. NTIA STUDY OF THIRD PARTY VERIFICATION AND AUTHENTICATION. (a) Study Required.--The National Telecommunications and Information Administration of the Department of Commerce shall conduct a study of the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections. The study shall include-- (1) an analysis of the cost of establishing a national, independent database or clearinghouse to authorize and verify changes in carrier selections; (2) the additional cost to carriers, per change in carrier selection, to fund the ongoing operation of such an independent database or clearinghouse; (3) the cost and feasibility of implementing such databases or clearinghouses at the State level; and (4) the advantages and disadvantages of utilizing independent databases or clearinghouses for authorizing and authenticating carrier selection changes. (b) Report Required.--Within 180 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall submit to the Committee on Commerce of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate the results of the study required by subsection (a).	TABLE OF CONTENTS: Title I: Prevention of Spamming Title II: Prevention of Slamming and Cramming Digital Jamming Act of 1998 - Title I: Prevention of Spamming - Amends the Communications Act of 1934 to require each electronic mail (e-mail) service provider, under regulations prescribed by the Federal Communications Commission (FCC), to inform its subscribers of the opportunity to provide notification of the subscriber's objection to receiving unsolicited commercial e-mail messages . Requires such regulations to specify the methods by which each e-mail service subscriber shall be informed by the service provider of: (1) the subscriber's right to give or revoke an objection to receiving spam messages. And (2) the manner in which such right may be exercised. Makes it unlawful for any person to initiate spam messages: (1) unless such a message contains specified information identifying the sender, a means to indicate a desire not to receive such messages, and related information. (2) to any recipients who have previously indicated a desire not to receive such messages. Or (3) unless such a message contains Internet routing information that is accurate, valid, and correctly reflects the actual message routing. Prohibits a subscriber from using the provider's e-mail service in violation of that service's published policy prohibiting or restricting the use its service or equipment for the initiation of a spam message. Provides subscriber liability for violations. Title II: Prevention of Slamming and Cramming - Provides that a telecommunications carrier that violates the verification procedures required before recognition of a switch in a subscriber's telephone or toll service provider shall be liable to such subscriber for twice the amount of all charges paid by the subscriber after such violation. Prohibits such a carrier from submitting for billing on telecommunications services bills unauthorized services or products (cramming). Provides carrier liability for violations. Authorizes the attorney general of a State to bring a civil action on behalf of its residents for such violations. Requires a State so acting to previously notify the FCC and provide a copy of its complaint. Directs the National Telecommunications and Information Administration of the Department of Commerce to conduct a study of, and report to specified congressional committees concerning, the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections.	Digital Jamming Act of 1998	15,009	2,570	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Digital Jamming Act of 1998". TITLE I PREVENTION OF SPAMMING Section 101. EXTENSION OF JUNK FAX REMEDIES TO COMMERCIAL EMAIL Section 227 of the Communications Act of 1934 is amended in subsection (a), by adding at the end the following new paragraphs: The term `unsolicited electronic mail message' means any electronic mail message that is addressed and sent to a recipient with whom the initiator does not have an existing relationship and has been sent by the initiator without the express consent of the recipient. The term `unsolicited commercial electronic mail message' means any unsolicited electronic mail message that is sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. The term `electronic mail service provider' means any entity that provides subscribers the ability to send or receive electronic mail. The term `published policy' means, with respect to an electronic mail service provider's policy on unsolicited electronic mail messages, that such policy is available upon request in written form at no charge or is displayed conspicuously through an online notice on the Internet home page of the electronic mail service provider.". In subsection (c)(3) by striking "If the Commission determines to require such a database," and inserting "If the Commission determines to require such a database pursuant to paragraph (2), or at any time subsequent to the proceeding required by paragraph (1) determines that a database is required to protect subscribers from telephone solicitations or unsolicited electronic mail messages,", by striking "and" at the end of subparagraph. By striking the period at the end of subparagraph (L) and inserting a semicolon. And by adding at the end the following new subparagraphs: require each electronic mail service provider, in accordance with regulations prescribed by the Commission, to inform subscribers for electronic mail service of the opportunity to provide notification, in accordance with such regulations, that such subscribers objects to receiving unsolicited commercial electronic mail messages. And specify the methods by which each electronic mail service subscriber shall be informed, by the electronic mail service provider that provides such service to such subscriber, of (i) the subscriber's right to give or revoke a notification of objection under subparagraph (M), and (ii) the methods by which such right may be exercised by the subscriber.". By redesignating subsections (e) and (f) as subsections and (g), respectively. By inserting after subsection (d) the following new subsection: Restrictions on the Use of Unsolicited Commercial Electronic Mail Messages. Information about sender. Right to reply. It shall be unlawful for any person within the United States to initiate an unsolicited commercial electronic mail message unless such message contains the name, street address, electronic mail address, and telephone number of the person who initiates transmission of the message. The name, street address, electronic mail address, and telephone number of the person who created the content of the message. A reply electronic mail address, conspicuously displayed, where recipients may send a reply to indicate a desire not to receive any further messages. Or information on how recipients may exercise the rights established pursuant to subsection (c)(3). To initiate an unsolicited commercial electronic mail message to any recipient who has previously indicated a desire not to receive such messages by sending a reply described in subparagraph (iii)). Or to initiate an unsolicited commercial electronic mail message unless such message contains Internet routing information that is accurate, is valid according to prevailing standards for Internet protocols, and correctly reflects the actual message routing. Enforcement of voluntary cyberrules regarding spamming. Prohibition. No subscriber of an electronic mail service provider shall use, or cause to be used, the electronic mail service or equipment in violation of that electronic mail service's published policy prohibiting or restricting the use of its service or equipment for the initiation of an unsolicited commercial electronic mail message. Enforcement by providers. Any subscriber who violates subparagraph (A) for the initiation of an unsolicited commercial electronic mail message shall be liable to the electronic mail service provider for damages in an amount equal to $50 for each of the provider's subscribers to whom such message was transmitted.". And in subsection (f)(1) (as redesignated by paragraph ) by striking "or" at the end of subparagraph. By striking the period at the end of subparagraph (D) and inserting ", or". And by adding at the end the following new subparagraph: the making of unsolicited commercial electronic mail messages.". TITLE II PREVENTION OF SLAMMING AND CRAMMING Section 201. LIABILITY TO SUBSCRIBERS. AUTHORITY OF STATES. Amendment. Section 258 of the Communications Act of 1934 is amended by striking subsection (b) and inserting the following: Liability for Charges After Slamming. Liability. Any telecommunications carrier that violates the verification procedures described in subsection and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable, in accordance with such procedures as the Commission may prescribe to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation. And to the subscriber in an amount equal to twice the amount of all charges paid by such subscriber after such violation. Effect on other laws. The remedies provided by subsection (b) are in addition to any other remedies available by law. Prohibition of and Liability for Cramming. Prohibition. No telecommunications carrier shall submit for billing on bills for telecommunications services unauthorized services or products. Liability to subscriber. Any telecommunication carrier that violates paragraph (1) and collects charges for unauthorized services or products from a subscriber shall be liable to such subscriber in an amount equal to twice the total amount of charges paid by such subscriber after such violation. The remedies provided by this subsection are in addition to any other remedies available by law. Actions by States. Authority of states. Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of (A) effecting changes in a subscribers' selections of a provider of telephone exchange service or telephone toll service in violation of this section or the regulations prescribed under this section, or (B) submitting for billing on bills for telecommunications services, and collecting for, unauthorized services or products, shall the State may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. Exclusive jurisdiction of federal courts. The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. Rights of commission. The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. Venue. Service of process. Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. Investigatory powers. For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Effect on state court proceedings. Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. Limitation. Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. Definition. As used in this subsection, the term `attorney general' means the chief legal officer of a State.". Section 202. NTIA STUDY OF THIRD PARTY VERIFICATION AND AUTHENTICATION. Study Required. The National Telecommunications and Information Administration of the Department of Commerce shall conduct a study of the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections. The study shall include an analysis of the cost of establishing a national, independent database or clearinghouse to authorize and verify changes in carrier selections. The additional cost to carriers, per change in carrier selection, to fund the ongoing operation of such an independent database or clearinghouse. The cost and feasibility of implementing such databases or clearinghouses at the State level. And the advantages and disadvantages of utilizing independent databases or clearinghouses for authorizing and authenticating carrier selection changes. Report Required. Within 180 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall submit to the Committee on Commerce of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate the results of the study required by subsection (a).	TABLE OF CONTENTS: Title I: Prevention of Spamming Title II: Prevention of Slamming and Cramming Digital Jamming Act of 1998 - Title I: Prevention of Spamming - Amends the Communications Act of 1934 to require each electronic mail (e-mail) service provider, under regulations prescribed by the Federal Communications Commission (FCC), to inform its subscribers of the opportunity to provide notification of the subscriber's objection to receiving unsolicited commercial e-mail messages . Requires such regulations to specify the methods by which each e-mail service subscriber shall be informed by the service provider of: (1) the subscriber's right to give or revoke an objection to receiving spam messages. And (2) the manner in which such right may be exercised. Makes it unlawful for any person to initiate spam messages: (1) unless such a message contains specified information identifying the sender, a means to indicate a desire not to receive such messages, and related information. (2) to any recipients who have previously indicated a desire not to receive such messages. Or (3) unless such a message contains Internet routing information that is accurate, valid, and correctly reflects the actual message routing. Prohibits a subscriber from using the provider's e-mail service in violation of that service's published policy prohibiting or restricting the use its service or equipment for the initiation of a spam message. Provides subscriber liability for violations. Title II: Prevention of Slamming and Cramming - Provides that a telecommunications carrier that violates the verification procedures required before recognition of a switch in a subscriber's telephone or toll service provider shall be liable to such subscriber for twice the amount of all charges paid by the subscriber after such violation. Prohibits such a carrier from submitting for billing on telecommunications services bills unauthorized services or products (cramming). Provides carrier liability for violations. Authorizes the attorney general of a State to bring a civil action on behalf of its residents for such violations. Requires a State so acting to previously notify the FCC and provide a copy of its complaint. Directs the National Telecommunications and Information Administration of the Department of Commerce to conduct a study of, and report to specified congressional committees concerning, the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections.	Digital Jamming Act of 1998
104_hr710	SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Service Center Act''. SEC. 2. DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF SERVICES TO NEEDY FAMILIES WITH CHILDREN. (a) In General.--In order to coordinate the administration of programs that provide services to needy families with children, the Secretary of Health and Human Services (in this section referred to as ``the Secretary'') may authorize States to conduct demonstration projects in accordance with this section. (b) Description of Project.--Each State desiring to conduct a demonstration project under this section may submit to the Secretary an application that contains a description of the measures to be employed to coordinate the administration of-- (1) programs for needy families with children that are administered by the Secretary; and (2) programs administered by the State, which offer services for children, youth, or needy families with children, that the State considers appropriate to include in the demonstration project. (c) Projects Aimed at a Diversity of Clients.--The Secretary shall ensure that, as a group, the demonstration projects authorized to be conducted under this section serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. (d) Project Requirements.--Each State authorized to conduct a demonstration project under this section shall-- (1) ensure that the project provides-- (A) each client with a single place and organization providing access to, and information and counseling about, services for needy families with children; (B) access points in clients' neighborhoods for communication with service providers regarding their applications and benefits through electronic data processing and communications technology; and (C) approaches to integrating the administration of services that are linguistically and culturally appropriate to the clientele of the project; and (2) conduct the project in accordance with such other requirements as the Secretary may prescribe. (e) Grants; Duration of Projects.-- (1) In general.--The Secretary shall make grants to each State whose application to conduct a demonstration project under this subsection is approved by the Secretary, to assist the State in carrying out the project for a period of not more than 3 years. (2) Renewal.--The Secretary may extend for not more than 3 additional years the authority to conduct any demonstration project under this section, upon approval by the Secretary based on the effectiveness of the project in achieving the objectives of this section. (3) Timing of grant payments.--The Secretary may pay grants under this section in advance or in installments, as the Secretary determines appropriate. (f) State Evaluation of Project.-- (1) In general.--Each State that conducts a demonstration project under this section shall, as a part of the project-- (A) conduct an evaluation of the effectiveness and outcomes of the project in improving the coordination and delivery, and in reducing the administrative costs, of services to needy families with children; and (B) cooperate with the Secretary in the conduct of national evaluations of the effectiveness and cost savings of all such demonstration projects. (2) Report.-- (A) In general.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary a report on the results of the evaluation described in paragraph (1). (B) Timing.--The report required by subparagraph (A) with respect to a demonstration project shall be submitted within 6 months after the earlier of-- (i) the completion of the project; or (ii) the end of the 3-year period that begins with the commencement of the project. (g) State Report on Impediments to Delivery of Services, and on Measures Taken To Eliminate or Reduce Such Impediments.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary at such time as the Secretary may prescribe a report that describes-- (1) the administrative policies and laws of the Federal Government and of the State or of a political subdivision of the State, that the State has identified as impediments to the coordination of the delivery of services to needy families with children; and (2) the measures that the State has taken or intends to take to eliminate or reduce the impediments described in paragraph (1) that are attributable to administrative policies and laws of the State or of a political subdivision of the State. (h) Federal Evaluations.-- (1) In general.--The Secretary shall conduct evaluations of the implementation and outcomes of the demonstration projects authorized under this section. (2) Reports.--Not later than 3 years after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report the results of the evaluations conducted under paragraph (1) that includes the recommendations of the Secretary as to any statutory changes that would improve integration of services provided through programs included in the demonstration projects conducted under this section. (3) Funding.--The Secretary may reserve up to 5 percent of the amounts appropriated for grants under this section for the purpose of conducting and reporting on evaluations of the demonstration projects authorized under this section. (i) No Waiver Authority.--This section shall not be construed to authorize the Secretary or appropriate agency head to waive or modify any requirement of any program described in subsection (b). (j) State Defined.--As used in this section, the term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.	Family Service Center Act - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) programs for needy families with children that are administered by the Secretary. And (2) State programs offering services for children, youth, or needy families with children. Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements. Requires the Secretary to make three-year grants to States to carry out such a project. Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children. And (2) measures the State has taken or intends to take to eliminate or reduce such impediments.	Family Service Center Act	7,017	1,086	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Family Service Center Act". <SECTION-HEADER> DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF SERVICES TO NEEDY FAMILIES WITH CHILDREN. In General. In order to coordinate the administration of programs that provide services to needy families with children, the Secretary of Health and Human Services may authorize States to conduct demonstration projects in accordance with this section. Description of Project. Each State desiring to conduct a demonstration project under this section may submit to the Secretary an application that contains a description of the measures to be employed to coordinate the administration of programs for needy families with children that are administered by the Secretary. And programs administered by the State, which offer services for children, youth, or needy families with children, that the State considers appropriate to include in the demonstration project. Projects Aimed at a Diversity of Clients. The Secretary shall ensure that, as a group, the demonstration projects authorized to be conducted under this section serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Project Requirements. Each State authorized to conduct a demonstration project under this section shall ensure that the project provides each client with a single place and organization providing access to, and information and counseling about, services for needy families with children. Access points in clients' neighborhoods for communication with service providers regarding their applications and benefits through electronic data processing and communications technology. And approaches to integrating the administration of services that are linguistically and culturally appropriate to the clientele of the project. And conduct the project in accordance with such other requirements as the Secretary may prescribe. Grants. Duration of Projects. In general. The Secretary shall make grants to each State whose application to conduct a demonstration project under this subsection is approved by the Secretary, to assist the State in carrying out the project for a period of not more than 3 years. Renewal. The Secretary may extend for not more than 3 additional years the authority to conduct any demonstration project under this section, upon approval by the Secretary based on the effectiveness of the project in achieving the objectives of this section. Timing of grant payments. The Secretary may pay grants under this section in advance or in installments, as the Secretary determines appropriate. State Evaluation of Project. In general. Each State that conducts a demonstration project under this section shall, as a part of the project conduct an evaluation of the effectiveness and outcomes of the project in improving the coordination and delivery, and in reducing the administrative costs, of services to needy families with children. And cooperate with the Secretary in the conduct of national evaluations of the effectiveness and cost savings of all such demonstration projects. Report. In general. Each State authorized to conduct a demonstration project under this section shall submit to the Secretary a report on the results of the evaluation described in paragraph (1). Timing. The report required by subparagraph with respect to a demonstration project shall be submitted within 6 months after the earlier of the completion of the project. Or the end of the 3-year period that begins with the commencement of the project. State Report on Impediments to Delivery of Services, and on Measures Taken To Eliminate or Reduce Such Impediments. Each State authorized to conduct a demonstration project under this section shall submit to the Secretary at such time as the Secretary may prescribe a report that describes the administrative policies and laws of the Federal Government and of the State or of a political subdivision of the State, that the State has identified as impediments to the coordination of the delivery of services to needy families with children. And the measures that the State has taken or intends to take to eliminate or reduce the impediments described in paragraph (1) that are attributable to administrative policies and laws of the State or of a political subdivision of the State. Federal Evaluations. In general. The Secretary shall conduct evaluations of the implementation and outcomes of the demonstration projects authorized under this section. Reports. Not later than 3 years after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report the results of the evaluations conducted under paragraph (1) that includes the recommendations of the Secretary as to any statutory changes that would improve integration of services provided through programs included in the demonstration projects conducted under this section. Funding. The Secretary may reserve up to 5 percent of the amounts appropriated for grants under this section for the purpose of conducting and reporting on evaluations of the demonstration projects authorized under this section. No Waiver Authority. This section shall not be construed to authorize the Secretary or appropriate agency head to waive or modify any requirement of any program described in subsection (b). State Defined. As used in this section, the term "State" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.	Family Service Center Act - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) programs for needy families with children that are administered by the Secretary. And (2) State programs offering services for children, youth, or needy families with children. Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements. Requires the Secretary to make three-year grants to States to carry out such a project. Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children. And (2) measures the State has taken or intends to take to eliminate or reduce such impediments.	Family Service Center Act
109_hr4668	SECTION 1. SHORT TITLE. This Act may be cited as the ``Limitation on Assistance to the Palestinian Authority Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) In fiscal year 2005, the United States provided $275 million to the West Bank and Gaza, of which $50 million was provided directly to the Palestinian Authority. (2) On January 25, 2006, the militant group Hamas, an organization designated by the Department of State as a foreign terrorist organization, won parliamentary elections and control of the Palestinian government. (3) The inclusion of Hamas or any other foreign terrorist organization in a Palestinian government is an implicit endorsement of anti-American and anti-Israeli terrorist ideology. (4) On December 16, 2005, the House of Representatives overwhelmingly passed House Resolution 575, which asserts that ``terrorist organizations, such as Hamas, should not be permitted to participate in Palestinian elections until such organizations recognize Israel's right to exist as a Jewish state, cease incitement, condemn terrorism, and permanently disarm and dismantle their terrorist infrastructure''. (5) House Resolution 575 further asserts that ``the inclusion of Hamas, or any other terrorist group on the Department of State's list of foreign terrorist organizations, in the Palestinian Authority's government will inevitably raise serious questions for the United States about the commitment of the Palestinian Authority and its leadership to making peace with Israel and will potentially undermine the ability of the United States to have a constructive relationship with, or provide further assistance to, the Palestinian Authority''. (6) Hamas is a terrorist organization that has killed more than 500 people since 1989, including more than two dozen United States citizens. (7) The United States has clearly stated that armed militias attached to political parties are incompatible with democratic societies. SEC. 3. DECLARATION OF POLICY. It shall be the policy of the United States to promote the emergence of a democratic Palestinian government that-- (1) denounces and combats terrorism; (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities; (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society; (4) respects the boundaries and sovereignty of its neighbors; (5) recognizes the existence of Israel and its right to secure borders; and (6) acknowledges, respects, and upholds the human rights of all people. SEC. 4. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. ``(a) Limitation.--Assistance may be provided under this Act or any other provision of law to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. ``(b) Certification.--A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of the President that-- ``(1) the Palestinian Authority is not controlled by a foreign terrorist organization; and ``(2) the Palestinian Authority-- ``(A) recognizes the right of Israel to exist; ``(B) disarms all militias; ``(C) renounces violence and acts of terrorism against Israel; and ``(D) takes definitive steps to be an active and willing participant in peace negotiations and removes people with ties to terrorist organizations from its security services. ``(c) Recertifications.--Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every 6 months thereafter-- ``(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (b) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(d) Congressional Notification.--Assistance made available under this Act or any other provision of law to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(e) Definitions.--In this section: ``(1) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(2) Palestinian authority.--The term `Palestinian Authority' includes any agency or instrumentality of the Palestinian Authority.''.	Limitation on Assistance to the Palestinian Authority Act of 2006 - States that it shall be US policy to promote the emergence of a democratic Palestinian government that: (1) denounces and combats terrorism. (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities. (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society, (4) respects its neighbors' boundaries and sovereignty, (5) recognizes Israel's existence and its right to secure borders. And (6) upholds the human rights of all people. Amends the Foreign Assistance Act of 1961 to provide assistance under such Act or any other provision of law to the Palestinian Authority (PA) only during a period for which a presidential certification has determined that the PA: (1) is not controlled by a foreign terrorist organization. And (2) recognizes Israel's right to exist, disarms all militias, renounces violence against Israel, takes definitive steps to be an active and willing participant in peace negotiations, and removes people with ties to terrorist organizations from its security services. Directs the President to make and transmit such certifications to Congress every six months.	To limit assistance to the Palestinian Authority unless the President certifies to Congress that the Palestinian Authority is not controlled by a foreign terrorist organization, and for other purposes.	6,138	1,245	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Limitation on Assistance to the Palestinian Authority Act of 2006". <SECTION-HEADER> FINDINGS. Congress finds the following: In fiscal year 2005, the United States provided $275 million to the West Bank and Gaza, of which $50 million was provided directly to the Palestinian Authority. On January 25, 2006, the militant group Hamas, an organization designated by the Department of State as a foreign terrorist organization, won parliamentary elections and control of the Palestinian government. The inclusion of Hamas or any other foreign terrorist organization in a Palestinian government is an implicit endorsement of anti-American and anti-Israeli terrorist ideology. On December 16, 2005, the House of Representatives overwhelmingly passed House Resolution 575, which asserts that "terrorist organizations, such as Hamas, should not be permitted to participate in Palestinian elections until such organizations recognize Israel's right to exist as a Jewish state, cease incitement, condemn terrorism, and permanently disarm and dismantle their terrorist infrastructure". House Resolution 575 further asserts that "the inclusion of Hamas, or any other terrorist group on the Department of State's list of foreign terrorist organizations, in the Palestinian Authority's government will inevitably raise serious questions for the United States about the commitment of the Palestinian Authority and its leadership to making peace with Israel and will potentially undermine the ability of the United States to have a constructive relationship with, or provide further assistance to, the Palestinian Authority". Hamas is a terrorist organization that has killed more than 500 people since 1989, including more than two dozen United States citizens. The United States has clearly stated that armed militias attached to political parties are incompatible with democratic societies. <SECTION-HEADER> DECLARATION OF POLICY. It shall be the policy of the United States to promote the emergence of a democratic Palestinian government that denounces and combats terrorism. Is actively working to disarm and dismantle terrorist agencies, networks, and facilities. Is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society, respects the boundaries and sovereignty of its neighbors. Recognizes the existence of Israel and its right to secure borders. And acknowledges, respects, and upholds the human rights of all people. <SECTION-HEADER> LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by redesignating the second section 620G (as added by section 149 of Public Law 104-164 as section 620J. And by adding at the end the following new section: "Section 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Limitation. Assistance may be provided under this Act or any other provision of law to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. Certification. A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of the President that the Palestinian Authority is not controlled by a foreign terrorist organization. And the Palestinian Authority recognizes the right of Israel to exist, disarms all militias, renounces violence and acts of terrorism against Israel. And takes definitive steps to be an active and willing participant in peace negotiations and removes people with ties to terrorist organizations from its security services. Recertifications. Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every 6 months thereafter the President shall transmit to Congress a recertification that the requirements contained in subsection are continuing to be met. Or if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. Congressional Notification. Assistance made available under this Act or any other provision of law to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. Definitions. In this section: Foreign terrorist organization. The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 USC. 1189(a)). Palestinian authority. The term `Palestinian Authority' includes any agency or instrumentality of the Palestinian Authority.".	Limitation on Assistance to the Palestinian Authority Act of 2006 - States that it shall be US policy to promote the emergence of a democratic Palestinian government that: (1) denounces and combats terrorism. (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities. (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society, (4) respects its neighbors' boundaries and sovereignty, (5) recognizes Israel's existence and its right to secure borders. And (6) upholds the human rights of all people. Amends the Foreign Assistance Act of 1961 to provide assistance under such Act or any other provision of law to the Palestinian Authority (PA) only during a period for which a presidential certification has determined that the PA: (1) is not controlled by a foreign terrorist organization. And (2) recognizes Israel's right to exist, disarms all militias, renounces violence against Israel, takes definitive steps to be an active and willing participant in peace negotiations, and removes people with ties to terrorist organizations from its security services. Directs the President to make and transmit such certifications to Congress every six months.	To limit assistance to the Palestinian Authority unless the President certifies to Congress that the Palestinian Authority is not controlled by a foreign terrorist organization, and for other purposes.
106_s1002	SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1999''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(3) Determination of federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--In the areas referred to in clause (i), the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for psychiatric facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for psychiatric facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(F) Determination of Federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as described in subsection (l)(7(C)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.	Provides that the amendments made by this Act shall apply as if included in the enactment of BBA '97.	Medicare Psychiatric Hospital Prospective Payment System Act of 1999	16,152	101	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Psychiatric Hospital Prospective Payment System Act of 1999". <SECTION-HEADER> MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. Establishment of Prospective Payment System. Section 1886 of the Social Security Act is amended by adding at the end the following: Prospective Payment System for Inpatient Psychiatric Services. Amount of payment. During transition period. Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)). And the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). Under fully implemented system. Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. New facilities. In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. Determination of facility-specific per diem rates. Base year. The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. Updating. The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). Determination of federal per diem rate. Base year. The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. Updating to first fiscal year. The Secretary shall update the amount determined under subparagraph for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). Computation of standardized per diem rate. The Secretary shall standardize the amount determined under subparagraph (B) for each facility by adjusting for variations among facilities by area in the average facility wage level per diem. And adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). Computation of weighted average per diem rates. Separate rates for urban and rural areas. Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)). And for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). For hospitals and units. In the areas referred to in clause (i), the Secretary may compute a separate weighted average per diem rate for psychiatric hospitals. And psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for psychiatric facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for psychiatric facilities other than such facilities. Weighted average. In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. Updating. The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). Determination of Federal per diem rate. In general. The Secretary shall compute for each psychiatric facility for each fiscal year a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for variations among facilities by area in the average facility wage level per diem. Variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). And variations among facilities in the proportion of low-income patients served by the facility. Other adjustments. In computing Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. Budget neutrality. The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. Establishment of patient classification system. In general. The Secretary shall establish classes of patients of psychiatric facilities , based on such factors as the Secretary determines to be appropriate. And a method of classifying specific patients in psychiatric facilities within these groups. Weighting factors. For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. Data collection. Utilization monitoring. Data collection. The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. Utilization monitoring. The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation that is needed to address unwarranted changes in such utilization. Special adjustments. Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8). And the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. Definitions. For purposes of this subsection: The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of enactment of this subsection for which audited cost report data are available. The term `PPS percentage' means with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent. With respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent. And with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. The term `psychiatric facility' means a psychiatric hospital. And a psychiatric unit described in the matter following clause (v) of subsection (1)(B). The term `TEFRA percentage' means with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent. With respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent. And with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.". Limit on Reductions Under Balanced Budget Act. Section 1886(b) of the Social Security Act (42 USC. 1395ww(b)) is amended by adding at the end the following: Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as described in subsection (7(C)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. Effective Date. The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.	Provides that the amendments made by this Act shall apply as if included in the enactment of BBA '97.	Medicare Psychiatric Hospital Prospective Payment System Act of 1999
112_s2004	SECTION 1. FINDINGS. Congress makes the following findings: (1) Within hours after the attacks on Pearl Harbor, Hawaii, the Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to United States and Filipino troops assigned to the United States Army Forces in the Far East under the command of General Douglas MacArthur. (2) On December 8th, 1941, the 200th Coast Artillery Regiment, successors to the New Mexico National Guardsmen who made up part of the famed ``Rough Riders'' of the Spanish- American War, were the ``first to fire''. (3) Despite being cut off from supply lines and reinforcements, the United States and Philippine Forces quickly executed a plan to delay the Japanese invasion and defend the Philippines against the Japanese invasion. (4) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. (5) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to redefine the momentum of the war, delaying the Japanese timetable to take control of the southeast Pacific for needed war materials. Because of the Bataan defenders' heroic actions, United States and Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. (6) On April 9, 1942, Major General Edward King, his troops suffering from starvation and a lack of supplies, surrendered the soldiers from the United States and the Philippines into enemy hands. (7) Over the next week, troops from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. (8) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (9) Conditions at the prisoner of war camps were appalling, leading to increased disease and malnutrition among the prisoners. (10) The prisoners at Camp O'Donnell would die at a rate of nearly 400 per day because of its poor conditions. (11) On June 6, 1942, the prisoners from the United States were transferred to Camp Cabanatuan, north of Camp O'Donnell. (12) Nearly 26,000 of the 50,000 Filipino Prisoners of War died at Camp O'Donnell, and survivors were gradually paroled from September through December 1942. (13) Between September of 1942 and December of 1944, American prisoners of war who survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. Many of the ships were mistakenly targeted by allied Naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone, claimed nearly 1,800 American lives. (14) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (15) The veterans of Bataan represented the best of America and the Philippines. They hailed from diverse locales across both countries and represented a true diversity of Americans. (16) Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (17) The United States Navy has continued to honor their history and stories by naming 2 ships after the battle including 1 ship still in service, USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. (18) Many of the survivors of Bataan have now passed away, and those who remain continue to tell their story. (19) The people of the United States and the Philippines are forever indebted to these men for-- (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the troops from the United States and the Philippines who defended Bataan and were subsequently prisoners of war, collectively, in recognition of their personal sacrifice and service to their country during World War II. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the defenders and prisoners of war at Bataan under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the prisoners of war at Bataan. SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.	Authorizes the award of a single Congressional Gold Medal to collectively honor the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war, in recognition of their personal sacrifice and service to their country during World War II. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the prisoners of war at Bataan.	A bill to grant the Congressional Gold Medal to the troops who defended Bataan during World War II.	7,687	534	<SECTION-HEADER> FINDINGS. Congress makes the following findings: Within hours after the attacks on Pearl Harbor, Hawaii, the Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to United States and Filipino troops assigned to the United States Army Forces in the Far East under the command of General Douglas MacArthur. On December 8th, 1941, the 200th Coast Artillery Regiment, successors to the New Mexico National Guardsmen who made up part of the famed "Rough Riders" of the Spanish- American War, were the "first to fire". Despite being cut off from supply lines and reinforcements, the United States and Philippine Forces quickly executed a plan to delay the Japanese invasion and defend the Philippines against the Japanese invasion. By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to redefine the momentum of the war, delaying the Japanese timetable to take control of the southeast Pacific for needed war materials. Because of the Bataan defenders' heroic actions, United States and Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. On April 9, 1942, Major General Edward King, his troops suffering from starvation and a lack of supplies, surrendered the soldiers from the United States and the Philippines into enemy hands. Over the next week, troops from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the "Bataan Death March". During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. Conditions at the prisoner of war camps were appalling, leading to increased disease and malnutrition among the prisoners. The prisoners at Camp O'Donnell would die at a rate of nearly 400 per day because of its poor conditions. On June 6, 1942, the prisoners from the United States were transferred to Camp Cabanatuan, north of Camp O'Donnell. Nearly 26,000 of the 50,000 Filipino Prisoners of War died at Camp O'Donnell, and survivors were gradually paroled from September through December 1942. Between September of 1942 and December of 1944, American prisoners of war who survived the horrific death march were shipped north for forced labor aboard "hell ships" and succumbed in great numbers because of the abysmal conditions. Many of the ships were mistakenly targeted by allied Naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone, claimed nearly 1,800 American lives. The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. The veterans of Bataan represented the best of America and the Philippines. They hailed from diverse locales across both countries and represented a true diversity of Americans. Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. The United States Navy has continued to honor their history and stories by naming 2 ships after the battle including 1 ship still in service, USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. Many of the survivors of Bataan have now passed away, and those who remain continue to tell their story. The people of the United States and the Philippines are forever indebted to these men for the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers. And the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. <SECTION-HEADER> CONGRESSIONAL GOLD MEDAL. Award Authorized. The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the troops from the United States and the Philippines who defended Bataan and were subsequently prisoners of war, collectively, in recognition of their personal sacrifice and service to their country during World War II. Design and Striking. For purposes of the award under subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. Smithsonian Institution. In general. Following the award of the gold medal in honor of the defenders and prisoners of war at Bataan under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. Sense of the congress. It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the prisoners of war at Bataan. <SECTION-HEADER> DUPLICATE MEDALS. Striking of Duplicates. Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. Selling of Duplicates. The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. <SECTION-HEADER> NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. PROCEEDS OF SALE. Authorization of Appropriations. There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. Proceeds of Sale. Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.	Authorizes the award of a single Congressional Gold Medal to collectively honor the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war, in recognition of their personal sacrifice and service to their country during World War II. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the prisoners of war at Bataan.	A bill to grant the Congressional Gold Medal to the troops who defended Bataan during World War II.
110_hr6960	SECTION 1. FINDINGS. Congress finds that-- (1) more than 4,000,000 men and women from the United States served in uniform in the defense of liberty during World War I, among them two future presidents, Harry S. Truman and Dwight D. Eisenhower; (2) 2,000,000 individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas; (3) the United States suffered 375,000 casualties during World War I; (4) the events of 1914 through 1918 shaped the world, our country, and the lives of millions of people in countless ways; (5) the centennial of World War I offers an opportunity for people in the United States to learn about the sacrifices of their predecessors; (6) commemorative efforts allow people in the United States to gain a historical understanding of the type of conflicts that cause countries to go to war and how those conflicts are resolved; (7) Kansas City is home to America's National World War I Museum, as so recognized in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375); (8) America's National World War I Museum seeks-- (A) to preserve the history of World War I; and (B) to educate and enlighten people about this significant event, the consequences of which are still with us; (9) Kansas City is home to the national headquarters for the Veterans of Foreign Wars; (10) Missouri is the home State of General John Joseph Pershing, who commanded the American Expeditionary Forces in Europe during World War I; (11) the Kansas City area is the home of the Harry S. Truman Presidential Library and Museum; and (12) the Dwight David Eisenhower Presidential Library and Museum is located close to Kansas City in the neighboring State of Kansas. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission, in Kansas City, Missouri, on the centennial of World War I to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum. SEC. 3. COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR I. (a) In General.--There is established a commission to be known as the World War I Centennial Commission (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall have the following duties: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States related to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 24 members as follows: (A) Four members appointed by the Speaker of the House of Representatives. (B) Three members appointed by the minority leader of the House of Representatives. (C) Four members appointed by the Senate majority leader. (D) Three members appointed by the Senate minority leader. (E) Seven members who are broadly representative of the people of the United States (including members of the armed services and veterans), appointed by the President. (F) The executive director of the Veterans of Foreign Wars of the United States (or the director's delegate). (G) The executive director of the American Legion (or the director's delegate). (H) The president of the Liberty Memorial Association, the nonprofit entity responsible for the management of America's National World War I Museum (or the president's delegate). (2) Continuation of membership.--If a member of the Commission under paragraph (1)(F) through (H) ceases to hold a position named in such paragraph, that member must resign from the Commission as of the date that the member ceases to hold that position. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Pay.--Members shall serve without pay. (6) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (8) Chairperson; vice chairperson.--The Commission shall elect the Chairperson and Vice Chairperson of the Commission. (9) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson, except that the first meeting shall be held before the end of the 30-day period beginning on the effective date of this Act. (B) Location.--The Commission shall hold the first meeting at America's National World War I Museum in Kansas City, Missouri, and thereafter shall hold at least one meeting per year at such location. (d) Director and Additional Personnel of the Commission; Experts and Consultants.-- (1) Director and staff.-- (A) Appointment.--The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (B) Pay.-- (i) Executive director.--The executive director shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule established under section 5315 of title 5, United State Code. (ii) Additional personnel.--The executive director may fix the pay of any additional personnel appointed under subparagraph (A) as the executive director considers appropriate. (C) Work location.--If the city government for Kansas City, Missouri, and the nonprofit organization which administers America's National World War I Museum make space available, the executive director and any additional personnel appointed under subparagraph (A) shall work in the building that houses that museum. (2) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers of the Commission.-- (1) Hearings and sessions.--For the purpose of carrying out this Act, the Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission shall secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Gifts, bequests, and devises.-- (A) Acceptance by commission.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (B) Deposit and availability.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (7) Contract authority.--The Commission is authorized to procure supplies, services, and property and to make or enter in contracts, leases, or other legal agreements; except that any contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of termination of the Commission. (f) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the date of enactment of this Act and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Recommendations.--Not later than 2 years after the effective date of this Act, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. (g) Termination.--The Commission shall terminate on the earlier of the date that is 30 days after the activities honoring the centennial observation of World War I are carried out or July 28, 2019. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), relating to the termination of advisory committees, shall not apply to the Commission. (h) Effective Date.--This Act shall be effective on January 1, 2010.	Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) encourage private organizations and state and local governments to organize and participate in such activities, (3) facilitate and coordinate such activities throughout the United States. And (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.	To establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I.	12,243	477	<SECTION-HEADER> FINDINGS. Congress finds that more than 4,000,000 men and women from the United States served in uniform in the defense of liberty during World War I, among them two future presidents, Harry S. Truman and Dwight D. Eisenhower. 2,000,000 individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas, the United States suffered 375,000 casualties during World War I. The events of 1914 through 1918 shaped the world, our country, and the lives of millions of people in countless ways. The centennial of World War I offers an opportunity for people in the United States to learn about the sacrifices of their predecessors. Commemorative efforts allow people in the United States to gain a historical understanding of the type of conflicts that cause countries to go to war and how those conflicts are resolved. Kansas City is home to America's National World War I Museum, as so recognized in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. America's National World War I Museum seeks to preserve the history of World War I. And to educate and enlighten people about this significant event, the consequences of which are still with us. Kansas City is home to the national headquarters for the Veterans of Foreign Wars. Missouri is the home State of General John Joseph Pershing, who commanded the American Expeditionary Forces in Europe during World War I. The Kansas City area is the home of the Harry S. Truman Presidential Library and Museum. And the Dwight David Eisenhower Presidential Library and Museum is located close to Kansas City in the neighboring State of Kansas. <SECTION-HEADER> PURPOSE. The purpose of this Act is to establish a commission, in Kansas City, Missouri, on the centennial of World War I to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum. <SECTION-HEADER> COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR I. In General. There is established a commission to be known as the World War I Centennial Commission . Duties. The Commission shall have the following duties: To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. To facilitate and coordinate activities throughout the United States related to the centennial of World War I. To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. Membership. Number and appointment. The Commission shall be composed of 24 members as follows: Four members appointed by the Speaker of the House of Representatives. Three members appointed by the minority leader of the House of Representatives. Four members appointed by the Senate majority leader. Three members appointed by the Senate minority leader. Seven members who are broadly representative of the people of the United States , appointed by the President. The executive director of the Veterans of Foreign Wars of the United States . The executive director of the American Legion . The president of the Liberty Memorial Association, the nonprofit entity responsible for the management of America's National World War I Museum . Continuation of membership. If a member of the Commission under paragraph (1)(F) through (H) ceases to hold a position named in such paragraph, that member must resign from the Commission as of the date that the member ceases to hold that position. Terms. Each member shall be appointed for the life of the Commission. Vacancies. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Pay. Members shall serve without pay. Travel expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. Quorum. Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Chairperson. Vice chairperson. The Commission shall elect the Chairperson and Vice Chairperson of the Commission. Meetings. In general. The Commission shall meet at the call of the Chairperson, except that the first meeting shall be held before the end of the 30-day period beginning on the effective date of this Act. Location. The Commission shall hold the first meeting at America's National World War I Museum in Kansas City, Missouri, and thereafter shall hold at least one meeting per year at such location. Director and Additional Personnel of the Commission. Experts and Consultants. Director and staff. Appointment. The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. Pay. Executive director. The executive director shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule established under section 5315 of title 5, United State Code. Additional personnel. The executive director may fix the pay of any additional personnel appointed under subparagraph (A) as the executive director considers appropriate. Work location. If the city government for Kansas City, Missouri, and the nonprofit organization which administers America's National World War I Museum make space available, the executive director and any additional personnel appointed under subparagraph (A) shall work in the building that houses that museum. Experts and consultants. The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Staff of federal agencies. Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. Powers of the Commission. Hearings and sessions. For the purpose of carrying out this Act, the Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Powers of members and agents. If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. Obtaining official data. The Commission shall secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. Gifts, bequests, and devises. Acceptance by commission. The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Deposit and availability. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. Mails. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. Administrative support services. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. Contract authority. The Commission is authorized to procure supplies, services, and property and to make or enter in contracts, leases, or other legal agreements. Except that any contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of termination of the Commission. Reports. Periodic report. Beginning not later than the last day of the 3-month period beginning on the date of enactment of this Act and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. Recommendations. Not later than 2 years after the effective date of this Act, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. Termination. The Commission shall terminate on the earlier of the date that is 30 days after the activities honoring the centennial observation of World War I are carried out or July 28, 2019. Section 14(a)(2)(B) of the Federal Advisory Committee Act , relating to the termination of advisory committees, shall not apply to the Commission. Effective Date. This Act shall be effective on January 1, 2010.	Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) encourage private organizations and state and local governments to organize and participate in such activities, (3) facilitate and coordinate such activities throughout the United States. And (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.	To establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I.
115_s2443	SECTION 1. SHORT TITLE. This Act may be cited as the ``Careers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) A career guidance and counseling program develops an individual's competencies in self-knowledge, educational and occupational exploration, and career planning. (2) Career guidance and counseling programs help individuals acquire the knowledge, skills, and experience necessary to identify options, explore alternatives, and succeed in a 21st century society. (3) The American School Counselor Association recommends a student-to-counselor ratio of two-hundred fifty to one. Forty- seven States do not meet this recommendation. (4) School counselors design and implement comprehensive school counseling programs that include educational and career planning activities for all students that are designed to assist students in reaching academic, career, and personal goals. (5) Students at schools with highly integrated, rigorous, academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. SEC. 3. CAREER COUNSELING PROGRAM. (a) Program Authorized.--Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the following: ``Subpart 5--Career Counseling Program ``SEC. 2251. DEFINITIONS. ``In this subpart: ``(1) Career counselor.--The term `career counselor' means a school counselor licensed or certified by a State. ``(2) Comprehensive career counseling program.--The term `comprehensive career counseling program' means a program that-- ``(A) provides access for students (and parents, as appropriate) to information regarding career awareness and planning with respect to an individual's occupational and academic future; ``(B) provides information with respect to career options, financial aid, and postsecondary options, including baccalaureate degree programs, registered apprenticeship programs, and professional trades; and ``(C) is implemented in a school by a career counselor. ``(3) Educational development plan.--The term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help the student promote career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)); ``(ii) career pathways (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); and ``(iii) programs of training services leading to a recognized postsecondary credential included on a State's list under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(4) Registered apprenticeship program.--The term `registered apprenticeship program' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). ``SEC. 2252. CAREER COUNSELING PROGRAM. ``(a) Program Authorized.--From amounts made available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to State educational agencies, to pay the Federal share of a program enabling the State educational agencies to address the shortage of career counselors and to expand effective career counseling programs by awarding subgrants under section 2253. ``(b) Application.--A State that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of-- ``(1) how the State will award subgrants with an emphasis toward supporting local educational agencies with disproportionally high student-to-counselor ratios; ``(2) a professional development program approved by the State for all career counselors in the State, which may include opportunities for externships, fellowships, and other activities to ensure that career counselors are able to provide current and relevant workforce information; ``(3) how the State will provide technical assistance to local educational agencies to enable the local educational agencies to qualify for subgrants; ``(4) the State-wide strategies to be implemented by the State to increase the number of high-quality career counselors; ``(5) how the State will disseminate, in a timely manner, information regarding-- ``(A) national, regional, and local labor market trends; and ``(B) other career-relevant data; and ``(6) how the State will assist local educational agencies in the State in developing a comprehensive career counseling program. ``(c) Special Consideration.--In awarding grants under this program, the Secretary shall give special consideration to State educational agencies that have high student-to-counselor ratios. ``(d) Federal Share; Non-Federal Share.-- ``(1) Federal share.--The Federal share of a grant under this subpart shall be 80 percent of the costs of the activities under the grant. ``(2) Non-federal share.--The non-Federal share of a grant under this subpart shall be 20 percent, and may be provided in cash or in-kind. ``(e) Use of Funds.--Each State receiving a grant under this subpart-- ``(1) may use not more than 10 percent of the total amounts available for the grant to support the grant by carrying out the activities described in paragraphs (2) through (6) of subsection (b), as proposed by the State and approved by the Secretary in the application submitted under subsection (b); ``(2) may use not more than 3 percent of such total amounts for the administrative costs associated with the grant; and ``(3) shall use not less than 87 percent of such total amounts to carry out the subgrant program described in section 2253. ``SEC. 2253. CAREER COUNSELING SUBGRANTS. ``(a) Subgrants Authorized.--From amounts made available under section 2252(e)(3), each State receiving a grant under this subpart shall award subgrants, on a competitive basis, to local educational agencies to enable the local educational agencies to improve career counseling programs. ``(b) Application.--A local educational agency desiring a subgrant under this subpart shall submit to the State an application at such time, in such manner, and containing such information as the State may require, including the following: ``(1) A description of a comprehensive career counseling program to be offered in the local educational agency that-- ``(A) encompasses grades 6 through 12; ``(B) includes strategies to ensure that-- ``(i) all students served by the local educational agency start developing an educational development plan beginning in grade 7; and ``(ii) the educational development plan of each student is regularly reviewed and updated until the date that the student graduates from secondary school or is no longer enrolled in a school served by the local educational agency; and ``(C) is developed in consultation with not less than two of the following types of stakeholders: ``(i) Institutions of higher education or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))). ``(ii) Sponsors of registered apprenticeship programs. ``(iii) Local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). ``(iv) Nonprofit organizations with expertise in career counseling. ``(v) Tribal organizations. ``(vi) Labor organizations. ``(vii) Trade associations. ``(2) In the case of a local educational agency whose student-to-counselor ratio is higher than the national average ratio (as determined by the American School Counselor Association, or a similar organization designated by the Secretary), a description of the activities that will be offered under the program described in paragraph (1) to reduce the local educational agency's ratio. ``(3) A description of activities to be offered under the comprehensive career counseling program to promote student engagement with registered apprenticeship programs, internships, and other work-based learning experiences. ``(4) A description of the strategies to be employed by the local educational agency-- ``(A) to ensure the effective dissemination of career and labor market information to parents and students; and ``(B) to ensure students are aware of in-school career development activities, including career and technical education programs and career and technical student organizations. ``(5) A description of how the local educational agency will ensure that parents of students are routinely engaged in the development of the educational development plans for their students. ``(6) A description of the strategies to be employed by the local educational agency-- ``(A) for ensuring that the comprehensive career counseling program described in paragraph (1) is incorporated in the school curriculum; and ``(B) for bolstering career readiness among out-of- school youth, economically disadvantaged students, students who are children with disabilities, and other at-risk populations. ``(c) Use of Subgrant Funds.--A local educational agency receiving a subgrant under this section-- ``(1) shall use subgrant funds to-- ``(A) develop and implement the comprehensive career counseling program proposed by the local educational agency in the application submitted under subsection (b)(1); and ``(B) develop and carry out other activities and strategies proposed in the application under subsection (b); and ``(2) may use subgrant funds to-- ``(A) purchase software or online platforms to directly support the comprehensive career counseling program of the local educational agency; and ``(B) train school personnel to effectively provide students with current and relevant workforce information. ``SEC. 2254. REPORTS. ``Each State educational agency receiving a grant under this subpart shall submit an annual report to the Secretary regarding the progress of the grant. ``SEC. 2255. SUPPLEMENT NOT SUPPLANT. ``Amounts made available under this subpart shall supplement, and not supplant, other amounts available to carry out the activities supported under this subpart. ``SEC. 2256. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $15,000,000 for fiscal year 2019 and each of the 4 succeeding fiscal years.''. (b) Conforming Amendment.--Section 2003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603(b)) is amended by inserting ``(except for subpart 5)'' after ``part B''.	Careers Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to award competitive grants to state educational agencies for: (1) activitiesnbsp. To address the shortage of career counselors in public schools and, (2)nbsp. Subgrants to local educational agencies for the expansion of effective career-counseling programs.	Careers Act	13,530	377	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Careers Act". <SECTION-HEADER> FINDINGS. Congress finds the following: A career guidance and counseling program develops an individual's competencies in self-knowledge, educational and occupational exploration, and career planning. Career guidance and counseling programs help individuals acquire the knowledge, skills, and experience necessary to identify options, explore alternatives, and succeed in a 21st century society. The American School Counselor Association recommends a student-to-counselor ratio of two-hundred fifty to one. Forty- seven States do not meet this recommendation. School counselors design and implement comprehensive school counseling programs that include educational and career planning activities for all students that are designed to assist students in reaching academic, career, and personal goals. Students at schools with highly integrated, rigorous, academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. <SECTION-HEADER> CAREER COUNSELING PROGRAM. Program Authorized. Part B of title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: "Subpart 5 Career Counseling Program "Section 2251. DEFINITIONS. "In this subpart: Career counselor. The term `career counselor' means a school counselor licensed or certified by a State. Comprehensive career counseling program. The term `comprehensive career counseling program' means a program that provides access for students to information regarding career awareness and planning with respect to an individual's occupational and academic future. Provides information with respect to career options, financial aid, and postsecondary options, including baccalaureate degree programs, registered apprenticeship programs, and professional trades. And is implemented in a school by a career counselor. Educational development plan. The term `educational development plan' means an individualized plan for a student that contains a series of steps to help the student promote career awareness and exploration. And assists students in identifying career and technical programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 USC. 2342(c)(1)(A)). Career pathways (as defined in section 3 of the Workforce Innovation and Opportunity Act. And programs of training services leading to a recognized postsecondary credential included on a State's list under section 122(d) of the Workforce Innovation and Opportunity Act (29 USC. 3152(d)). Registered apprenticeship program. The term `registered apprenticeship program' means an apprenticeship program registered under the Act of August 16, 1937 . "Section 2252. CAREER COUNSELING PROGRAM. Program Authorized. From amounts made available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to State educational agencies, to pay the Federal share of a program enabling the State educational agencies to address the shortage of career counselors and to expand effective career counseling programs by awarding subgrants under section 2253. Application. A State that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of how the State will award subgrants with an emphasis toward supporting local educational agencies with disproportionally high student-to-counselor ratios. A professional development program approved by the State for all career counselors in the State, which may include opportunities for externships, fellowships, and other activities to ensure that career counselors are able to provide current and relevant workforce information. How the State will provide technical assistance to local educational agencies to enable the local educational agencies to qualify for subgrants. The State-wide strategies to be implemented by the State to increase the number of high-quality career counselors. How the State will disseminate, in a timely manner, information regarding national, regional, and local labor market trends, and other career-relevant data. And how the State will assist local educational agencies in the State in developing a comprehensive career counseling program. Special Consideration. In awarding grants under this program, the Secretary shall give special consideration to State educational agencies that have high student-to-counselor ratios. Federal Share. Non-Federal Share. Federal share. The Federal share of a grant under this subpart shall be 80 percent of the costs of the activities under the grant. Non-federal share. The non-Federal share of a grant under this subpart shall be 20 percent, and may be provided in cash or in-kind. Use of Funds. Each State receiving a grant under this subpart may use not more than 10 percent of the total amounts available for the grant to support the grant by carrying out the activities described in paragraphs (2) through (6) of subsection (b), as proposed by the State and approved by the Secretary in the application submitted under subsection (b). May use not more than 3 percent of such total amounts for the administrative costs associated with the grant. And shall use not less than 87 percent of such total amounts to carry out the subgrant program described in section 2253. "Section 2253. CAREER COUNSELING SUBGRANTS. Subgrants Authorized. From amounts made available under section 2252(e)(3), each State receiving a grant under this subpart shall award subgrants, on a competitive basis, to local educational agencies to enable the local educational agencies to improve career counseling programs. Application. A local educational agency desiring a subgrant under this subpart shall submit to the State an application at such time, in such manner, and containing such information as the State may require, including the following: A description of a comprehensive career counseling program to be offered in the local educational agency that encompasses grades 6 through 12. Includes strategies to ensure that all students served by the local educational agency start developing an educational development plan beginning in grade 7. And the educational development plan of each student is regularly reviewed and updated until the date that the student graduates from secondary school or is no longer enrolled in a school served by the local educational agency. And is developed in consultation with not less than two of the following types of stakeholders: Institutions of higher education or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 USC. 1002(c))). Sponsors of registered apprenticeship programs. Local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act . Nonprofit organizations with expertise in career counseling. Tribal organizations. Labor organizations. Trade associations. In the case of a local educational agency whose student-to-counselor ratio is higher than the national average ratio , a description of the activities that will be offered under the program described in paragraph (1) to reduce the local educational agency's ratio. A description of activities to be offered under the comprehensive career counseling program to promote student engagement with registered apprenticeship programs, internships, and other work-based learning experiences. A description of the strategies to be employed by the local educational agency to ensure the effective dissemination of career and labor market information to parents and students. And to ensure students are aware of in-school career development activities, including career and technical education programs and career and technical student organizations. A description of how the local educational agency will ensure that parents of students are routinely engaged in the development of the educational development plans for their students. A description of the strategies to be employed by the local educational agency for ensuring that the comprehensive career counseling program described in paragraph (1) is incorporated in the school curriculum. And for bolstering career readiness among out-of- school youth, economically disadvantaged students, students who are children with disabilities, and other at-risk populations. Use of Subgrant Funds. A local educational agency receiving a subgrant under this section shall use subgrant funds to develop and implement the comprehensive career counseling program proposed by the local educational agency in the application submitted under subsection (b)(1). And develop and carry out other activities and strategies proposed in the application under subsection. And may use subgrant funds to purchase software or online platforms to directly support the comprehensive career counseling program of the local educational agency. And train school personnel to effectively provide students with current and relevant workforce information. "Section 2254. REPORTS. "Each State educational agency receiving a grant under this subpart shall submit an annual report to the Secretary regarding the progress of the grant. "Section 2255. SUPPLEMENT NOT SUPPLANT. "Amounts made available under this subpart shall supplement, and not supplant, other amounts available to carry out the activities supported under this subpart. "Section 2256. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this subpart $15,000,000 for fiscal year 2019 and each of the 4 succeeding fiscal years.". Conforming Amendment. Section 2003(b) of the Elementary and Secondary Education Act of 1965 (20 USC. 6603(b)) is amended by inserting "" after "part B".	Careers Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to award competitive grants to state educational agencies for: (1) activitiesnbsp. To address the shortage of career counselors in public schools and, (2)nbsp. Subgrants to local educational agencies for the expansion of effective career-counseling programs.	Careers Act
108_s1315	SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Safety from Wildfire Act of 2003''. SEC. 2. UNITED STATES LIABILITY FOR DAMAGES RESULTING FROM THE SPREAD OF WILDFIRE FROM FORESTED PUBLIC LANDS. (a) Imposition of Liability for Spread of Wildfire.--Title III of the Federal Land Policy and Management Act of 1976 is amended by inserting after section 318 (43 U.S.C. 1748) the following new section: ``sec. 319. liability for damages resulting from spread of wildfire from public lands or national forest system lands. ``(a) Liability as Rule of Law.--Except as provided in subsections (b), (c), and (d), and subject to the delayed effective date specified in subsection (h), any injury to or loss of property that occurs on non-Federal lands as a direct result of a fire that spread from forested Federal lands onto the non-Federal lands, either directly or by first spreading to other non-Federal lands, shall be deemed to be an injury or loss of property caused by the negligent or wrongful act or omission of an employee of the United States while acting within the scope of the employee's office or employment for purposes of section 1346 and chapter 171 of title 28, United States Code (commonly known as the `Federal Tort Claims Act'). ``(b) Additional Requirement for Certain Non-Federal Lands.--The owner or leasee of non-Federal lands damaged by the spread of wildfire from forested Federal lands may not utilize the rule of law specified in subsection (a) when the non-Federal lands exceed 6,400 acres and are used for the commercial production of timber, unless the owner or leasee proves that the damaged non-Federal lands were being managed to achieve or maintain the forest health status known as condition class 1 immediately before the fire. In the event of a dispute between the owner or leasee and the Secretary concerned regarding the status of the non-Federal lands before the fire, the determination of the State Forester of the State in which the lands are located shall control and any expenses associated with State Foresters determination shall be equally divided between the disputing parties. ``(c) Exclusion of Condition Class 1 Lands.--The rule of law specified in subsection (a) shall not apply if the forested Federal lands within the buffer zone adjacent to the Federal land boundary from which the fire spread to non-Federal lands were managed as condition class 1 immediately before the fire. ``(d) Exclusion of Other Federal Lands.--The rule of law specified in subsection (a) shall not apply to the following Federal lands, even though wildfire may originate on such lands and spread to adjacent non- Federal lands: ``(1) A component of the National Wilderness Preservation System. ``(2) Federal lands where, by Act of Congress, Presidential proclamation, or land and resource management plan, the removal of vegetation is prohibited. ``(3) Areas of Federal lands that comprise less than 6,400 acres and are not contiguous to other Federal lands. ``(e) Exception for O&C Lands.--The rule of law specified in subsection (a) shall apply to National Forest System lands and Bureau of Land Management lands administered under the authorities of the O&C Sustained Yield Act of 1937 and that do not meet the acreage limitation set forth in subsection (d)(3). ``(f) Report Regarding Status of Buffer Lands.--Not later than two years after the date of the enactment of this section, the Secretary concerned shall submit to Congress a report describing the forest health status of all buffer zones with non-Federal lands and the extent to which the buffer zones are in, or are being managed to achieve, the forest health status known as condition class 1. ``(g) Definitions.--In this section: ``(1) The term `buffer zone' refers to those forested Federal lands that are within a prescribed distance of a Federal land boundary with non-Federal lands and comprise, or are part of a larger area of Federal lands comprising, 6,400 acres or more. The Secretary shall prescribe the actual buffer zone for a particular area of forested Federal lands based on the geography, topography, and forest cover of the lands. ``(2) The term `condition class 1', with respect to an area of forested Federal lands or non-Federal lands, means that the lands are managed so that-- ``(A) fire regimes on the lands are within historical ranges; ``(B) vegetation composition and structure are intact; and ``(C) the risk of losing key ecosystem components from the occurrence of fire remains relatively low. ``(3) The term `forested Federal lands' means public lands and National Forest System lands that contain trees as a significant component of the lands. ``(4) The term `Secretary concerned' means the Secretary of the Interior (or the designee of that Secretary) with respect to public lands and the Secretary of Agriculture (or the designee of that Secretary) with respect to National Forest System lands. ``(h) Delayed Effective Date.--The rule of law specified in subsection (a) shall take effect at the end of the eight-year period beginning on the date of the enactment of this section and apply with respect to fires that spread from Federal lands onto non-Federal lands after the end of such period.''. (b) Clerical Amendment.--The table of contents at the beginning of the Federal Land Policy and Management Act of 1976 is amended by inserting after the item relating to section 318 the following new item: ``Sec. 319. Liability for damages resulting from spread of wildfire from public lands or National Forest System lands.''.	Enhanced Safety from Wildfire Act of 2003 - Amends the Federal Land Policy and Management Act of 1976 with respect to fires that spread from forested Federal lands onto nonfederal lands and cause injuries or property loss. Assumes Federal responsibility for injuries or property loss resulting from such fires under the Federal Tort Claims Act and other Federal law pertaining to the United States as a defendant in District Court. Provides for exceptions in certain cases, including if: (1) the nonfederal land exceeds 6,400 acres and is being used for commercial timber production. (2) the Federal land is a component of the National Wilderness Preservation System. Or (3) the Federal land comprises less than 6,400 acres and is not contiguous to other Federal lands. States that Federal responsibility will apply in the case of injuries or property loss from a fire originating on National Forest System or Bureau of Land Management lands administered under the authorities of the OC Sustained Yield Act of 1937 and that comprise less than 6,400 acres.	A bill to amend the Federal Land Policy and Management Act of 1976 to provide owners of non-Federal lands with a reliable method of receiving compensation for damages resulting from the spread of wildfire from nearby forested National Forest System lands or Bureau of Land Management lands, when those forested Federal lands are not maintained in the forest health status known as condition class 1.	6,100	1,055	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Enhanced Safety from Wildfire Act of 2003". <SECTION-HEADER> UNITED STATES LIABILITY FOR DAMAGES RESULTING FROM THE SPREAD OF WILDFIRE FROM FORESTED PUBLIC LANDS. Imposition of Liability for Spread of Wildfire. Title III of the Federal Land Policy and Management Act of 1976 is amended by inserting after section 318 the following new section: "sec. 319. liability for damages resulting from spread of wildfire from public lands or national forest system lands. Liability as Rule of Law. Except as provided in subsections , (c), and (d), and subject to the delayed effective date specified in subsection (h), any injury to or loss of property that occurs on non-Federal lands as a direct result of a fire that spread from forested Federal lands onto the non-Federal lands, either directly or by first spreading to other non-Federal lands, shall be deemed to be an injury or loss of property caused by the negligent or wrongful act or omission of an employee of the United States while acting within the scope of the employee's office or employment for purposes of section 1346 and chapter 171 of title 28, United States Code . Additional Requirement for Certain Non-Federal Lands. The owner or leasee of non-Federal lands damaged by the spread of wildfire from forested Federal lands may not utilize the rule of law specified in subsection (a) when the non-Federal lands exceed 6,400 acres and are used for the commercial production of timber, unless the owner or leasee proves that the damaged non-Federal lands were being managed to achieve or maintain the forest health status known as condition class 1 immediately before the fire. In the event of a dispute between the owner or leasee and the Secretary concerned regarding the status of the non-Federal lands before the fire, the determination of the State Forester of the State in which the lands are located shall control and any expenses associated with State Foresters determination shall be equally divided between the disputing parties. Exclusion of Condition Class 1 Lands. The rule of law specified in subsection (a) shall not apply if the forested Federal lands within the buffer zone adjacent to the Federal land boundary from which the fire spread to non-Federal lands were managed as condition class 1 immediately before the fire. Exclusion of Other Federal Lands. The rule of law specified in subsection (a) shall not apply to the following Federal lands, even though wildfire may originate on such lands and spread to adjacent non- Federal lands: A component of the National Wilderness Preservation System. Federal lands where, by Act of Congress, Presidential proclamation, or land and resource management plan, the removal of vegetation is prohibited. Areas of Federal lands that comprise less than 6,400 acres and are not contiguous to other Federal lands. Exception for OC Lands. The rule of law specified in subsection (a) shall apply to National Forest System lands and Bureau of Land Management lands administered under the authorities of the OC Sustained Yield Act of 1937 and that do not meet the acreage limitation set forth in subsection (d)(3). Report Regarding Status of Buffer Lands. Not later than two years after the date of the enactment of this section, the Secretary concerned shall submit to Congress a report describing the forest health status of all buffer zones with non-Federal lands and the extent to which the buffer zones are in, or are being managed to achieve, the forest health status known as condition class 1. Definitions. In this section: The term `buffer zone' refers to those forested Federal lands that are within a prescribed distance of a Federal land boundary with non-Federal lands and comprise, or are part of a larger area of Federal lands comprising, 6,400 acres or more. The Secretary shall prescribe the actual buffer zone for a particular area of forested Federal lands based on the geography, topography, and forest cover of the lands. The term `condition class 1', with respect to an area of forested Federal lands or non-Federal lands, means that the lands are managed so that fire regimes on the lands are within historical ranges, vegetation composition and structure are intact. And the risk of losing key ecosystem components from the occurrence of fire remains relatively low. The term `forested Federal lands' means public lands and National Forest System lands that contain trees as a significant component of the lands. The term `Secretary concerned' means the Secretary of the Interior with respect to public lands and the Secretary of Agriculture with respect to National Forest System lands. Delayed Effective Date. The rule of law specified in subsection (a) shall take effect at the end of the eight-year period beginning on the date of the enactment of this section and apply with respect to fires that spread from Federal lands onto non-Federal lands after the end of such period.". Clerical Amendment. The table of contents at the beginning of the Federal Land Policy and Management Act of 1976 is amended by inserting after the item relating to section 318 the following new item: "Section 319. Liability for damages resulting from spread of wildfire from public lands or National Forest System lands.".	Enhanced Safety from Wildfire Act of 2003 - Amends the Federal Land Policy and Management Act of 1976 with respect to fires that spread from forested Federal lands onto nonfederal lands and cause injuries or property loss. Assumes Federal responsibility for injuries or property loss resulting from such fires under the Federal Tort Claims Act and other Federal law pertaining to the United States as a defendant in District Court. Provides for exceptions in certain cases, including if: (1) the nonfederal land exceeds 6,400 acres and is being used for commercial timber production. (2) the Federal land is a component of the National Wilderness Preservation System. Or (3) the Federal land comprises less than 6,400 acres and is not contiguous to other Federal lands. States that Federal responsibility will apply in the case of injuries or property loss from a fire originating on National Forest System or Bureau of Land Management lands administered under the authorities of the OC Sustained Yield Act of 1937 and that comprise less than 6,400 acres.	A bill to amend the Federal Land Policy and Management Act of 1976 to provide owners of non-Federal lands with a reliable method of receiving compensation for damages resulting from the spread of wildfire from nearby forested National Forest System lands or Bureau of Land Management lands, when those forested Federal lands are not maintained in the forest health status known as condition class 1.
108_s1595	SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Military Reservist Tax Credit Act''. SEC. 2. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED MILITARY RESERVIST AND REPLACEMENT PERSONNEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) Qualified employees.-- ``(A) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(i) the excess, if any, of-- ``(I) the qualified employee's average daily qualified compensation for the taxable year, over ``(II) the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(ii) $15,000. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(B) Average daily qualified compensation and average daily military pay and allowances.--As used with respect to a qualified employee-- ``(i) the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between-- ``(I) 365, and ``(II) the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(ii) the term `average daily military pay and allowances' means-- ``(I) the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by ``(II) the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. ``(C) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and ``(iii) group health plan costs (if any) with respect to the qualified employee. ``(D) Qualified employee.--The term `qualified employee' means a person who-- ``(i) has been an employee of the taxpayer for the 91-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(ii) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(2) Qualified replacement employees.-- ``(A) In general.--The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(i) the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or ``(ii) $15,000. The employment credit, with respect to all qualified replacement employees, is equal to the sum of the employment credits for each qualified replacement employee under this subsection. ``(B) Qualified compensation.--When used with respect to the compensation paid to a qualified replacement employee, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and ``(iii) group health plan costs (if any) with respect to the qualified replacement employee. ``(C) Qualified replacement employee.--The term `qualified replacement employee' means an individual who is hired to replace a qualified employee or a qualified self-employed taxpayer, but only with respect to the period during which such employee or taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(c) Self-Employment Credit.--For purposes of this section-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(A) the excess, if any, of-- ``(i) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(ii) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(B) $15,000. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402(b)) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit in Addition to Deduction.--The employment credit or the self-employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee, qualified replacement employee, or qualified self-employed taxpayer during any period the qualified employee or qualified self-employed taxpayer participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(f) Limitations.-- ``(1) Application with other credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(B) the tentative minimum tax for the taxable year. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period by taking into account any person who is called or ordered to active duty for any of the following types of duty: ``(A) Active duty for training under any provision of title 10, United States Code. ``(B) Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. ``(C) Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(g) General Definitions and Special Rules.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(3) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(4) Special rules for certain manufacturers.-- ``(A) In general.--In the case of any qualified manufacturer-- ``(i) subsections (b)(1)(A)(ii), (b)(2)(A)(ii), and (c)(1)(B) shall be applied by substituting `$25,000' for `$15,000', and ``(ii) paragraph (1)(A) of this subsection shall be applied by substituting `100' for `50'. ``(B) Qualified manufacturer.--For purposes of this paragraph, the term `qualified manufacturer' means any person if-- ``(i) the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and ``(ii) all of such person's facilities which are used for production in such business are located in the United States. ``(5) Carryback and carryforward allowed.-- ``(A) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (f)(1) for such taxable year (in this paragraph referred to as the `unused credit year'), such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. ``(B) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). ``(6) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.''. (b) Conforming Amendment.--Section 55(c)(2) of the Internal Revenue Code of 1986 is amended by inserting ``30B(f)(1),'' after ``30(b)(3),''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end 30A the following new item: ``Sec. 30B. Employer wage credit for activated military reservists.''. (d) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall apply to amounts paid after September 11, 2001, in taxable years ending after such date. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.	Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to establish, with respect to individuals participating in qualified military reserve component duty, a tax credit equal to the sum of: (1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, and (2) the self-employment credit of a qualified self-employed taxpayer.	A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed individuals, and for other purposes.	19,349	454	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Small Business Military Reservist Tax Credit Act". <SECTION-HEADER> CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED MILITARY RESERVIST AND REPLACEMENT PERSONNEL. In General. Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS. General Rule. There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, plus the self-employment credit of a qualified self- employed taxpayer. Employment Credit. For purposes of this section Qualified employees. In general. The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of the excess, if any, of the qualified employee's average daily qualified compensation for the taxable year, over the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or $15,000. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. Average daily qualified compensation and average daily military pay and allowances. As used with respect to a qualified employee the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between 365, and the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and the term `average daily military pay and allowances' means the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. Qualified compensation. When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and group health plan costs with respect to the qualified employee. Qualified employee. The term `qualified employee' means a person who has been an employee of the taxpayer for the 91-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. Qualified replacement employees. In general. The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or $15,000. The employment credit, with respect to all qualified replacement employees, is equal to the sum of the employment credits for each qualified replacement employee under this subsection. Qualified compensation. When used with respect to the compensation paid to a qualified replacement employee, the term `qualified compensation' means compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and group health plan costs with respect to the qualified replacement employee. Qualified replacement employee. The term `qualified replacement employee' means an individual who is hired to replace a qualified employee or a qualified self-employed taxpayer, but only with respect to the period during which such employee or taxpayer participates in qualified reserve component duty, including time spent in travel status. Self-Employment Credit. For purposes of this section In general. The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 40 percent of the lesser of the excess, if any, of the self-employed taxpayer's average daily self-employment income for the taxable year over the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or $15,000. Average daily self-employment income and average daily military pay and allowances. As used with respect to a self-employed taxpayer the term `average daily self-employment income' means the self-employment income (as defined in section 1402(b)) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between 365, and the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and the term `average daily military pay and allowances' means the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. Qualified self-employed taxpayer. The term `qualified self-employed taxpayer' means a taxpayer who has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. Credit in Addition to Deduction. The employment credit or the self-employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee, qualified replacement employee, or qualified self-employed taxpayer during any period the qualified employee or qualified self-employed taxpayer participates in qualified reserve component duty to the exclusion of normal employment duties. Coordination With Other Credits. The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. Limitations. Application with other credits. The credit allowed under subsection (a) for any taxable year shall not exceed the excess of the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over the tentative minimum tax for the taxable year. Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states. No credit shall be allowed under subsection (a) to a taxpayer for any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and the 2 succeeding taxable years. Disallowance with respect to persons ordered to active duty for training. No credit shall be allowed under subsection (a) to a taxpayer with respect to any period by taking into account any person who is called or ordered to active duty for any of the following types of duty: Active duty for training under any provision of title 10, United States Code. Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. General Definitions and Special Rules. For purposes of this section Small business employer. In general. The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. Controlled groups. For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. Military pay and allowances. The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. Qualified reserve component duty. The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. Special rules for certain manufacturers. In general. In the case of any qualified manufacturer subsections (b)(1)(A)(ii), (2)(A)(ii), and (c)(1)(B) shall be applied by substituting `$25,000' for `$15,000', and paragraph (1)(A) of this subsection shall be applied by substituting `100' for `50'. Qualified manufacturer. For purposes of this paragraph, the term `qualified manufacturer' means any person if the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and all of such person's facilities which are used for production in such business are located in the United States. Carryback and carryforward allowed. In general. If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (f)(1) for such taxable year , such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. Rules. Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). Certain rules to apply. Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.". Conforming Amendment. Section 55(c)(2) of the Internal Revenue Code of 1986 is amended by inserting "30B(f)(1)," after "30(b)(3),". Clerical Amendment. The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end 30A the following new item: "Section 30B. Employer wage credit for activated military reservists.". Effective Date. Special Rule. Effective date. The amendments made by this section shall apply to amounts paid after September 11, 2001, in taxable years ending after such date. Waiver of limitations. If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law , such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.	Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to establish, with respect to individuals participating in qualified military reserve component duty, a tax credit equal to the sum of: (1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, and (2) the self-employment credit of a qualified self-employed taxpayer.	A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed individuals, and for other purposes.
109_s3982	SECTION 1. SHORT TITLE. This Act may be cited as the ``Assured Compensation for First Responders Act''. SEC. 2. ASSURED COMPENSATION FOR FIRST RESPONDERS INJURED BY EXPERIMENTAL VACCINES AND DRUGS. (a) Repeal.--The Public Readiness and Emergency Preparedness Act (division C of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148)) is repealed. (b) National Biodefense Injury Compensation Program.-- (1) Establishment.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended by adding at the end the following: ``(q) Biodefense Injury Compensation Program.-- ``(1) Establishment.--There is established the Biodefense Injury Compensation Program (referred to in this subsection as the `Compensation Program') under which compensation may be paid for death or any injury, illness, disability, or condition that is likely (based on best available evidence) to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). ``(2) Administration and interpretation.--The statutory provisions governing the Compensation Program shall be administered and interpreted in consideration of the program goals described in paragraph (4)(B)(iii). ``(3) Procedures and standards.--The Secretary shall by regulation establish procedures and standards applicable to the Compensation Program that follow the procedures and standards applicable under the National Vaccine Injury Compensation Program established under section 2110, except that the regulations promulgated under this paragraph shall permit a person claiming injury or death related to the administration of any covered countermeasure to file either-- ``(A) a civil action for relief under subsection (p); or ``(B) a petition for compensation under this subsection. ``(4) Injury table.-- ``(A) Inclusion.--For purposes of receiving compensation under the Compensation Program with respect to a countermeasure that is the subject of a declaration under subsection (p)(2), the Vaccine Injury Table under section 2114 shall be deemed to include death and the injuries, disabilities, illnesses, and conditions specified by the Secretary under subparagraph (B)(ii). ``(B) Injuries, disabilities, illnesses, and conditions.-- ``(i) Institute of medicine.--Not later than 30 days after making a declaration described in subsection (p)(2), the Secretary shall enter into a contract with the Institute of Medicine, under which the Institute shall, within 180 days of the date on which the contract is entered into, and periodically thereafter as new information, including information derived from the monitoring of those who were administered the countermeasure, becomes available, provide its expert recommendations on the injuries, disabilities, illnesses, and conditions whose occurrence in one or more individuals are likely (based on best available evidence) to have been caused by the administration of a countermeasure that is the subject of the declaration. ``(ii) Specification by secretary.--Not later than 30 days after the receipt of the expert recommendations described in clause (i), the Secretary shall, based on such recommendations, specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table under section 2114 for the purposes described in subparagraph (A). ``(iii) Program goals.--The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided taking into account the following goals of such program: ``(I) To encourage persons to develop, manufacture, and distribute countermeasures, and to administer covered countermeasures to individuals, by limiting such persons' liability for damages related to death and such injuries, disabilities, illnesses, and conditions. ``(II) To encourage individuals to consent to the administration of a covered countermeasure by providing adequate and just compensation for damages related to death and such injuries, disabilities, illnesses, or conditions. ``(III) To provide individuals seeking compensation for damages related to the administration of a countermeasure with a non-adversarial administrative process for obtaining adequate and just compensation. ``(iv) Use of best available evidence.--The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided using the best available evidence, including information from adverse event reporting or other monitoring of those individuals who were administered the countermeasure, whether evidence from clinical trials or other scientific studies in humans is available. ``(v) Application of section 2115.--With respect to section 2115(a)(2) as applied for purposes of this subsection, an award for the estate of the deceased shall be-- ``(I) if the deceased was under the age of 18, an amount equal to the amount that may be paid to a survivor or survivors as death benefits under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.); or ``(II) if the deceased was 18 years of age or older, the greater of-- ``(aa) the amount described in subclause (I); or ``(bb) the projected loss of employment income, except that the amount under this item may not exceed an amount equal to 400 percent of the amount that applies under item (aa). ``(vi) Application of section 2116.-- Section 2116(b) shall apply to injuries, disabilities, illnesses, and conditions initially specified or revised by the Secretary under clause (ii), except that the exceptions contained in paragraphs (1) and (2) of such section shall not apply. ``(C) Rule of construction.--Section 13632 (a)(3) of Public Law 103-66 (107 Stat. 646) (making revisions by Secretary to the Vaccine Injury Table effective on the effective date of a corresponding tax) shall not be construed to apply to any revision to the Vaccine Injury Table made under regulations under this paragraph. ``(5) Application.--The Compensation Program applies to any death or injury, illness, disability, or condition that is likely (based on best available evidence) to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). ``(6) Special masters.-- ``(A) Hiring.--In accordance with section 2112, the judges of the United States Claims Court shall appoint a sufficient number of special masters to address claims for compensation under this subsection. ``(B) Budget authority.--There are appropriated to carry out this subsection such sums as may be necessary for fiscal year 2006 and each fiscal year thereafter. This subparagraph constitutes budget authority in advance of appropriations and represents the obligation of the Federal Government. ``(7) Covered countermeasure.--For purposes of this subsection, the term `covered countermeasure' has the meaning given to such term in subsection (p)(7)(A). ``(8) Funding.--Compensation made under the Compensation Program shall be made from the same source of funds as payments made under subsection (p).''. (2) Effective date.--This subsection shall take effect as of November 25, 2002 (the date of enactment of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)).	Assured Compensation for First Responders Act - Repeals the Public Readiness and Emergency Preparedness Act . Amends the Public Health Service Act to establish the Biodefense Injury Compensation Program to provide compensation for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure pursuant to a declaration by the Secretary of Health and Human Services that an actual or potential bioterrorist incident or public health emergency makes such administration to a category of individuals advisable. Requires the Secretary: (1) after making such a declaration, to enter into a contract for the Institute of Medicine to provide its recommendations on the injuries, disabilities, illnesses, and conditions likely to have been caused by the countermeasure. And (2) after receiving such recommendations, to specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table. Sets the effective date for such Program as November 25, 2002.	A bill to amend the Public Health Service Act to provide assured compensation for first responders injured by experimental vaccines and drugs.	12,305	1,066	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Assured Compensation for First Responders Act". <SECTION-HEADER> ASSURED COMPENSATION FOR FIRST RESPONDERS INJURED BY EXPERIMENTAL VACCINES AND DRUGS. Repeal. The Public Readiness and Emergency Preparedness Act (division C of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 is repealed. National Biodefense Injury Compensation Program. Establishment. Section 224 of the Public Health Service Act is amended by adding at the end the following: Biodefense Injury Compensation Program. Establishment. There is established the Biodefense Injury Compensation Program under which compensation may be paid for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). Administration and interpretation. The statutory provisions governing the Compensation Program shall be administered and interpreted in consideration of the program goals described in paragraph (4)(B)(iii). Procedures and standards. The Secretary shall by regulation establish procedures and standards applicable to the Compensation Program that follow the procedures and standards applicable under the National Vaccine Injury Compensation Program established under section 2110, except that the regulations promulgated under this paragraph shall permit a person claiming injury or death related to the administration of any covered countermeasure to file either a civil action for relief under subsection. Or a petition for compensation under this subsection. Injury table. Inclusion. For purposes of receiving compensation under the Compensation Program with respect to a countermeasure that is the subject of a declaration under subsection (p)(2), the Vaccine Injury Table under section 2114 shall be deemed to include death and the injuries, disabilities, illnesses, and conditions specified by the Secretary under subparagraph (B)(ii). Injuries, disabilities, illnesses, and conditions. Institute of medicine. Not later than 30 days after making a declaration described in subsection (p)(2), the Secretary shall enter into a contract with the Institute of Medicine, under which the Institute shall, within 180 days of the date on which the contract is entered into, and periodically thereafter as new information, including information derived from the monitoring of those who were administered the countermeasure, becomes available, provide its expert recommendations on the injuries, disabilities, illnesses, and conditions whose occurrence in one or more individuals are likely to have been caused by the administration of a countermeasure that is the subject of the declaration. Specification by secretary. Not later than 30 days after the receipt of the expert recommendations described in clause (i), the Secretary shall, based on such recommendations, specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table under section 2114 for the purposes described in subparagraph (A). Program goals. The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided taking into account the following goals of such program: To encourage persons to develop, manufacture, and distribute countermeasures, and to administer covered countermeasures to individuals, by limiting such persons' liability for damages related to death and such injuries, disabilities, illnesses, and conditions. To encourage individuals to consent to the administration of a covered countermeasure by providing adequate and just compensation for damages related to death and such injuries, disabilities, illnesses, or conditions. To provide individuals seeking compensation for damages related to the administration of a countermeasure with a non-adversarial administrative process for obtaining adequate and just compensation. Use of best available evidence. The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided using the best available evidence, including information from adverse event reporting or other monitoring of those individuals who were administered the countermeasure, whether evidence from clinical trials or other scientific studies in humans is available. Application of section 2115. With respect to section 2115(a)(2) as applied for purposes of this subsection, an award for the estate of the deceased shall be if the deceased was under the age of 18, an amount equal to the amount that may be paid to a survivor or survivors as death benefits under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968. Or if the deceased was 18 years of age or older, the greater of the amount described in subclause (I). Or the projected loss of employment income, except that the amount under this item may not exceed an amount equal to 400 percent of the amount that applies under item (aa). Application of section 2116. Section 2116(b) shall apply to injuries, disabilities, illnesses, and conditions initially specified or revised by the Secretary under clause (ii), except that the exceptions contained in paragraphs (1) and (2) of such section shall not apply. Rule of construction. Section 13632 (a)(3) of Public Law 103-66 shall not be construed to apply to any revision to the Vaccine Injury Table made under regulations under this paragraph. Application. The Compensation Program applies to any death or injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). Special masters. Hiring. In accordance with section 2112, the judges of the United States Claims Court shall appoint a sufficient number of special masters to address claims for compensation under this subsection. Budget authority. There are appropriated to carry out this subsection such sums as may be necessary for fiscal year 2006 and each fiscal year thereafter. This subparagraph constitutes budget authority in advance of appropriations and represents the obligation of the Federal Government. Covered countermeasure. For purposes of this subsection, the term `covered countermeasure' has the meaning given to such term in subsection (p)(7)(A). Funding. Compensation made under the Compensation Program shall be made from the same source of funds as payments made under subsection (p).". Effective date. This subsection shall take effect as of November 25, 2002 (the date of enactment of the Homeland Security Act of 2002 .	Assured Compensation for First Responders Act - Repeals the Public Readiness and Emergency Preparedness Act . Amends the Public Health Service Act to establish the Biodefense Injury Compensation Program to provide compensation for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure pursuant to a declaration by the Secretary of Health and Human Services that an actual or potential bioterrorist incident or public health emergency makes such administration to a category of individuals advisable. Requires the Secretary: (1) after making such a declaration, to enter into a contract for the Institute of Medicine to provide its recommendations on the injuries, disabilities, illnesses, and conditions likely to have been caused by the countermeasure. And (2) after receiving such recommendations, to specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table. Sets the effective date for such Program as November 25, 2002.	A bill to amend the Public Health Service Act to provide assured compensation for first responders injured by experimental vaccines and drugs.
107_hr4193	SECTION 1. SHORT TITLE. This Act may be cited as the ``Crackdown on Deadbeat Dealers Act of 2002''. SEC. 2. FINDINGS. The Congress finds that-- (1) a small number of licensed firearms dealers account for a large proportion of the firearms traced from crimes; (2) in 1998, 1.2 percent of licensed firearms dealers-- 1,020 of the approximately 83,200 licensed retail firearms dealers and pawnbrokers-- accounted for over 57 percent of the crime guns traced to licensed firearms dealers; and (3) in 1998, just over 450 licensed firearms dealers had traced to them 10 or more guns that were used in crimes within 3 years after they sold the guns. SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. SEC. 4. INCREASING PENALTIES ON GUN KINGPINS. (a) Increasing the Penalty for Engaging in an Illegal Firearms Business.--Section 924(a)(2) of title 18, United States Code is amended to read as follows: ``(2) Whoever-- ``(A) knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922; or ``(B) willfully violates section 922(a)(1), shall be fined under this title, imprisoned not more than 10 years, or both.''. (b) Sentencing Guidelines Increase for Certain Violations and Offenses.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide an appropriate enhancement for a violation of section 922(a)(1) of title 18, United States Code. The Commission shall promulgate the amendments provided for under this subsection as soon as is practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ``; but if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: ``(e) The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Secretary may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Secretary under this chapter. The Secretary's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. ``(2) If the Secretary denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, he shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Secretary shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(3) If after a hearing held under paragraph (2) the Secretary decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Secretary shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Secretary was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court.''. SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''.	Crackdown on Deadbeat Dealers Act of 2002 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times during any 12-month period. Increases penalties for: (1) willfully engaging in an illegal firearms business. And (2) in connection with the acquisition or attempted acquisition of a firearm or ammunition, knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines for violations related to illegal firearms and ammunition businesses. Authorizes the Secretary of the Treasury to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices . Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction .	To ensure greater accountability by licensed firearms dealers.	6,551	1,146	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Crackdown on Deadbeat Dealers Act of 2002". <SECTION-HEADER> FINDINGS. The Congress finds that a small number of licensed firearms dealers account for a large proportion of the firearms traced from crimes. In 1998, 1.2 percent of licensed firearms dealers 1,020 of the approximately 83,200 licensed retail firearms dealers and pawnbrokers accounted for over 57 percent of the crime guns traced to licensed firearms dealers. And in 1998, just over 450 licensed firearms dealers had traced to them 10 or more guns that were used in crimes within 3 years after they sold the guns. <SECTION-HEADER> INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking "once" and inserting "3 times". <SECTION-HEADER> INCREASING PENALTIES ON GUN KINGPINS. Increasing the Penalty for Engaging in an Illegal Firearms Business. Section 924(a)(2) of title 18, United States Code is amended to read as follows: Whoever knowingly violates subsection (a)(6), (d), (g), (h). (j), or (o) of section 922. Or willfully violates section 922(a)(1), shall be fined under this title, imprisoned not more than 10 years, or both.". Sentencing Guidelines Increase for Certain Violations and Offenses. Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide an appropriate enhancement for a violation of section 922(a)(1) of title 18, United States Code. The Commission shall promulgate the amendments provided for under this subsection as soon as is practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. <SECTION-HEADER> SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ". But if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both.". <SECTION-HEADER> SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees . The Secretary may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Secretary under this chapter. The Secretary's actions under this subsection may be reviewed only as provided in subsection (f). (1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. If the Secretary denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, he shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Secretary shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. If after a hearing held under paragraph (2) the Secretary decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Secretary shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Secretary was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court.". <SECTION-HEADER> TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking "until any conviction pursuant to the indictment becomes final" and inserting "until the date of any conviction pursuant to the indictment".	Crackdown on Deadbeat Dealers Act of 2002 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times during any 12-month period. Increases penalties for: (1) willfully engaging in an illegal firearms business. And (2) in connection with the acquisition or attempted acquisition of a firearm or ammunition, knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines for violations related to illegal firearms and ammunition businesses. Authorizes the Secretary of the Treasury to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices . Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction .	To ensure greater accountability by licensed firearms dealers.
105_hr4263	SECTION 1. SHORT TITLE. This Act may be cited as the ``Four Corners Interpretive Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Four Corners Monument is nationally significant as the only geographic location in the United States where 4 State boundaries meet; (2) the States with boundaries that meet at the Four Corners area are Arizona, Colorado, New Mexico, and Utah; (3) between 1868 and 1875 the boundary lines that created the Four Corners were drawn, and in 1899 a monument was erected at the site; (4) a United States postal stamp will be issued in 1999 to commemorate the centennial of the original boundary marker; (5) the Four Corners area is distinct in character and possesses important historical, cultural, and prehistoric values and resources within the surrounding cultural landscape; (6) although there are no permanent facilities or utilities at the Four Corners Monument Tribal Park, each year the park attracts approximately 250,000 visitors; (7) the area of the Four Corners Monument Tribal Park falls entirely within the Navajo Nation or Ute Mountain Ute Tribe reservations; (8) the Navajo Nation and the Ute Mountain Ute Tribe have entered into a Memorandum of Understanding governing the planning and future development of the Four Corners Monument Tribal Park; (9) in 1992, through agreements executed by the governors of Arizona, Colorado, New Mexico, and Utah, the Four Corners Heritage Council was established as a coalition of State, Federal, tribal, and private interests; (10) the State of Arizona has obligated $45,000 for planning efforts and $250,000 for construction of an interpretive center at the Four Corners Monument Tribal Park; (11) numerous studies and extensive consultation with American Indians have demonstrated that development at the Four Corners Monument Tribal Park would greatly benefit the people of the Navajo Nation and the Ute Mountain Ute Tribe; (12) the Arizona Department of Transportation has completed preliminary cost estimates that are based on field experience with rest-area development for the construction for a Four Corners Monument Interpretive Center and surrounding infrastructure, including restrooms, roadways, parking, water, electrical, telephone, and sewage facilities; (13) an interpretive center would provide important educational and enrichment opportunities for all Americans; and (14) Federal financial assistance and technical expertise are needed for the construction of an interpretive center. (b) Purposes.--The purposes of this Act are-- (1) to recognize the importance of the Four Corners Monument and surrounding landscape as a distinct area in the heritage of the United States that is worthy of interpretation and preservation; (2) to assist the Navajo Nation and the Ute Mountain Ute Tribe in establishing the Four Corners Interpretive Center and related facilities to meet the needs of the general public; (3) to highlight and showcase the collaborative resource stewardship of private individuals, Indian tribes, universities, federal agencies, and the governments of States and political subdivisions thereof (including counties); and (4) to promote knowledge of the life, art, culture, politics, and history of the culturally diverse groups of the Four Corners region. SEC. 3. DEFINITIONS. As used in this Act: (1) Center.--The term ``Center'' means the Four Corners Interpretive Center established under section 4, including restrooms, parking areas, vendor facilities, sidewalks, utilities, exhibits, and other visitor facilities. (2) Four corners heritage council.--The term ``Four Corners Heritage Council'' means the nonprofit coalition of Federal, State, and tribal entities established in 1992 by agreements of the Governors of the States of Arizona, Colorado, New Mexico, and Utah. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Recipient.--The term ``Recipient'' means the State of Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these states. (5) Four corners monument.--The term ``Four Corners Monument'' means the physical monument where the boundaries of the states of Arizona, Colorado, New Mexico and Utah meet. (6) Four corners monument tribal park.--The term ``Four Corners Monument Tribal Park'' means lands within the legally defined boundary of the Four Corners Monument Tribal Park. SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CENTER. (a) Establishment.--Subject to the availability of appropriations, the Secretary is authorized to establish within the boundaries of the Four Corners Monument Tribal Park a center for the interpretation and commemoration of the Four Corners Monument, to be known as the ``Four Corners Interpretive Center''. (b) Land for the Center shall be designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe within the boundary of the Four Corners Monument Tribal Park in consultation with the Four Corners Heritage Council and in accordance with-- (1) the memorandum of understanding between the Navajo Nation and the Ute Mountain Ute Tribe that was entered into on October 22, 1996; and (2) applicable supplemental agreements with the Bureau of Land Management, the National Park Service, the United States Forest Service. (c) Concurrence.--Nothwithstanding any other provision of this act, no such center shall be established without the consent of the Navajo Nation and the Ute Mountain Ute Tribe. (d) Components of Center.--The Center shall include-- (1) a location for permanent and temporary exhibits depicting the archaeological, cultural, and natural heritage of the Four Corners region; (2) a venue for public education programs; (3) a location to highlight the importance of efforts to preserve southwestern archaeological sites and museum collections; (4) a location to provide information to the general public about cultural and natural resources, parks, museums, and travel in the Four Corners region; and (5) visitor amenities including restrooms, public telephones, and other basic facilities. SEC. 5. CONSTRUCTION GRANT. (a) Grant.--The Secretary is authorized to award a Federal grant to the recipient described in section 3(4) for up to 50 percent of the cost to construct the Center. To be eligible for the grant, the recipient shall provide assurances that-- (1) the non-Federal share of the costs of construction is paid from non-Federal sources. The non-Federal sources may include contributions made by States, private sources, the Navajo Nation and the Ute Mountain Ute Tribe for planning, design, construction, furnishing, startup, and operational expenses; (2) the aggregate amount of non-Federal funds contributed by the States used to carry out the activities specified in subparagraph (A) will not be less than $2,000,000, of which each of the states that is party to the grant will contribute equally in cash or in kind; (3) States may use private funds to meet the requirements of paragraph (2); and (4) the State of Arizona may apply $45,000 authorized by the State of Arizona during fiscal year 1998 for planning and $250,000 that is held in reserve by that State for construction towards the Arizona share. (b) Grant Requirements.--In order to receive a grant under this act, the recipient shall-- (1) submit to the Secretary a proposal that meets all applicable-- (A) laws, including building codes and regulations; (B) requirements under the Memorandum of Understanding described in paragraph (2) of this subsection; and (C) provides such information and assurances as the Secretary may require; (2) the recipient shall enter into a Memorandum of Understanding (MOU) with the Secretary providing-- (A) a timetable for completion of construction and opening of the Center; (B) assurances that design, architectural and construction contracts will be competitively awarded; (C) specifications meeting all applicable Federal, state, and local building codes and laws; (D) arrangements for operations and maintenance upon completion of construction; (E) a description of center collections and educational programming; (F) a plan for design of exhibits including, but not limited to, collections to be exhibited, security, preservation, protection, environmental controls, and presentations in accordance with professional museum standards; (G) an agreement with the Navajo Nation and the Ute Mountain Ute Tribe relative to site selection and public access to the facilities; and (H) a financing plan developed jointly by the Navajo Nation and the Ute Mountain Ute Tribe outlining the long-term management of the Center, including but not limited to-- (i) the acceptance and use of funds derived from public and private sources to minimize the use of appropriated or borrowed funds; (ii) the payment of the operating costs of the Center through the assessment of fees or other income generated by the Center; (iii) a strategy for achieving financial self-sufficiency with respect to the Center by not later than 5 years after the date of enactment of this Act; and (iv) defining appropriate vendor standards and business activities at the Four Corners Monument Tribal Park. SEC. 6. SELECTION OF GRANT RECIPIENT. The Secretary is authorized to award a grant in accordance with the provisions of this act. The Four Corners Heritage Council may make recommendations to the Secretary on grant proposals regarding the design of facilities at the Four Corners Monument Tribal Park. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. In General.-- (1) Authorizations.--There are authorized to be appropriated to carry out this act-- (A) $2,000,000 for fiscal year 1999; and (B) $50,000 for each of fiscal years 2000-2004 for maintenance and operation of the center, program development, or staffing in a manner consistent with the requirements of Section 5(b). (2) Carryover.--Any funds made available under this section that are unexpended at the end of the fiscal year for which those funds are appropriated may be used by the Secretary through fiscal year 2001 for the purposes for which those funds were made available. (3) Reservation of funds.--The Secretary may reserve funds appropriated pursuant to this act until a proposal meeting the requirements of this act is submitted, but no later than September 30, 2000. SEC. 8. DONATIONS. Notwithstanding any other provision of law, for purposes of the planning, construction, and operation of the Center, the Secretary may accept, retain, and expand donations of funds, and use property or services donated from private persons and entities or from public entities. SEC. 9. STATUTORY CONSTRUCTION. Nothing in this Act is intended to abrogate, modify, or impair any right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that is based on any law (including any treaty, Executive order, agreement, or Act of Congress).	Four Corners Interpretive Center Act - Authorizes the Secretary of the Interior to establish the Four Corners Interpretive Center within the boundaries of the Four Corners Monument Tribal Park using land designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe. Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient for up to 50 percent of the cost to construct the Center. Authorizes appropriations.	Four Corners Interpretive Center Act	13,151	464	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Four Corners Interpretive Center Act". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress finds that the Four Corners Monument is nationally significant as the only geographic location in the United States where 4 State boundaries meet. The States with boundaries that meet at the Four Corners area are Arizona, Colorado, New Mexico, and Utah. Between 1868 and 1875 the boundary lines that created the Four Corners were drawn, and in 1899 a monument was erected at the site. A United States postal stamp will be issued in 1999 to commemorate the centennial of the original boundary marker. The Four Corners area is distinct in character and possesses important historical, cultural, and prehistoric values and resources within the surrounding cultural landscape. Although there are no permanent facilities or utilities at the Four Corners Monument Tribal Park, each year the park attracts approximately 250,000 visitors. The area of the Four Corners Monument Tribal Park falls entirely within the Navajo Nation or Ute Mountain Ute Tribe reservations. The Navajo Nation and the Ute Mountain Ute Tribe have entered into a Memorandum of Understanding governing the planning and future development of the Four Corners Monument Tribal Park. In 1992, through agreements executed by the governors of Arizona, Colorado, New Mexico, and Utah, the Four Corners Heritage Council was established as a coalition of State, Federal, tribal, and private interests. The State of Arizona has obligated $45,000 for planning efforts and $250,000 for construction of an interpretive center at the Four Corners Monument Tribal Park. Numerous studies and extensive consultation with American Indians have demonstrated that development at the Four Corners Monument Tribal Park would greatly benefit the people of the Navajo Nation and the Ute Mountain Ute Tribe. The Arizona Department of Transportation has completed preliminary cost estimates that are based on field experience with rest-area development for the construction for a Four Corners Monument Interpretive Center and surrounding infrastructure, including restrooms, roadways, parking, water, electrical, telephone, and sewage facilities. An interpretive center would provide important educational and enrichment opportunities for all Americans. And Federal financial assistance and technical expertise are needed for the construction of an interpretive center. Purposes. The purposes of this Act are to recognize the importance of the Four Corners Monument and surrounding landscape as a distinct area in the heritage of the United States that is worthy of interpretation and preservation. To assist the Navajo Nation and the Ute Mountain Ute Tribe in establishing the Four Corners Interpretive Center and related facilities to meet the needs of the general public. To highlight and showcase the collaborative resource stewardship of private individuals, Indian tribes, universities, federal agencies, and the governments of States and political subdivisions thereof. And to promote knowledge of the life, art, culture, politics, and history of the culturally diverse groups of the Four Corners region. <SECTION-HEADER> DEFINITIONS. As used in this Act: Center. The term "Center" means the Four Corners Interpretive Center established under section 4, including restrooms, parking areas, vendor facilities, sidewalks, utilities, exhibits, and other visitor facilities. Four corners heritage council. The term "Four Corners Heritage Council" means the nonprofit coalition of Federal, State, and tribal entities established in 1992 by agreements of the Governors of the States of Arizona, Colorado, New Mexico, and Utah. Secretary. The term "Secretary" means the Secretary of the Interior. Recipient. The term "Recipient" means the State of Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these states. Four corners monument. The term "Four Corners Monument" means the physical monument where the boundaries of the states of Arizona, Colorado, New Mexico and Utah meet. Four corners monument tribal park. The term "Four Corners Monument Tribal Park" means lands within the legally defined boundary of the Four Corners Monument Tribal Park. <SECTION-HEADER> FOUR CORNERS MONUMENT INTERPRETIVE CENTER. Establishment. Subject to the availability of appropriations, the Secretary is authorized to establish within the boundaries of the Four Corners Monument Tribal Park a center for the interpretation and commemoration of the Four Corners Monument, to be known as the "Four Corners Interpretive Center". Land for the Center shall be designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe within the boundary of the Four Corners Monument Tribal Park in consultation with the Four Corners Heritage Council and in accordance with the memorandum of understanding between the Navajo Nation and the Ute Mountain Ute Tribe that was entered into on October 22, 1996. And applicable supplemental agreements with the Bureau of Land Management, the National Park Service, the United States Forest Service. Concurrence. Nothwithstanding any other provision of this act, no such center shall be established without the consent of the Navajo Nation and the Ute Mountain Ute Tribe. Components of Center. The Center shall include a location for permanent and temporary exhibits depicting the archaeological, cultural, and natural heritage of the Four Corners region, a venue for public education programs. A location to highlight the importance of efforts to preserve southwestern archaeological sites and museum collections. A location to provide information to the general public about cultural and natural resources, parks, museums, and travel in the Four Corners region. And visitor amenities including restrooms, public telephones, and other basic facilities. <SECTION-HEADER> CONSTRUCTION GRANT. Grant. The Secretary is authorized to award a Federal grant to the recipient described in section 3(4) for up to 50 percent of the cost to construct the Center. To be eligible for the grant, the recipient shall provide assurances that the non-Federal share of the costs of construction is paid from non-Federal sources. The non-Federal sources may include contributions made by States, private sources, the Navajo Nation and the Ute Mountain Ute Tribe for planning, design, construction, furnishing, startup, and operational expenses. The aggregate amount of non-Federal funds contributed by the States used to carry out the activities specified in subparagraph (A) will not be less than $2,000,000, of which each of the states that is party to the grant will contribute equally in cash or in kind. States may use private funds to meet the requirements of paragraph (2). And the State of Arizona may apply $45,000 authorized by the State of Arizona during fiscal year 1998 for planning and $250,000 that is held in reserve by that State for construction towards the Arizona share. Grant Requirements. In order to receive a grant under this act, the recipient shall submit to the Secretary a proposal that meets all applicable laws, including building codes and regulations. Requirements under the Memorandum of Understanding described in paragraph (2) of this subsection. And provides such information and assurances as the Secretary may require. The recipient shall enter into a Memorandum of Understanding (MOU) with the Secretary providing a timetable for completion of construction and opening of the Center. Assurances that design, architectural and construction contracts will be competitively awarded. Specifications meeting all applicable Federal, state, and local building codes and laws, arrangements for operations and maintenance upon completion of construction, a description of center collections and educational programming. A plan for design of exhibits including, but not limited to, collections to be exhibited, security, preservation, protection, environmental controls, and presentations in accordance with professional museum standards. An agreement with the Navajo Nation and the Ute Mountain Ute Tribe relative to site selection and public access to the facilities. And a financing plan developed jointly by the Navajo Nation and the Ute Mountain Ute Tribe outlining the long-term management of the Center, including but not limited to the acceptance and use of funds derived from public and private sources to minimize the use of appropriated or borrowed funds. The payment of the operating costs of the Center through the assessment of fees or other income generated by the Center. A strategy for achieving financial self-sufficiency with respect to the Center by not later than 5 years after the date of enactment of this Act. And defining appropriate vendor standards and business activities at the Four Corners Monument Tribal Park. <SECTION-HEADER> SELECTION OF GRANT RECIPIENT. The Secretary is authorized to award a grant in accordance with the provisions of this act. The Four Corners Heritage Council may make recommendations to the Secretary on grant proposals regarding the design of facilities at the Four Corners Monument Tribal Park. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. In General. Authorizations. There are authorized to be appropriated to carry out this act $2,000,000 for fiscal year 1999. And $50,000 for each of fiscal years 2000-2004 for maintenance and operation of the center, program development, or staffing in a manner consistent with the requirements of Section 5(b). Carryover. Any funds made available under this section that are unexpended at the end of the fiscal year for which those funds are appropriated may be used by the Secretary through fiscal year 2001 for the purposes for which those funds were made available. Reservation of funds. The Secretary may reserve funds appropriated pursuant to this act until a proposal meeting the requirements of this act is submitted, but no later than September 30, 2000. <SECTION-HEADER> DONATIONS. Notwithstanding any other provision of law, for purposes of the planning, construction, and operation of the Center, the Secretary may accept, retain, and expand donations of funds, and use property or services donated from private persons and entities or from public entities. <SECTION-HEADER> STATUTORY CONSTRUCTION. Nothing in this Act is intended to abrogate, modify, or impair any right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that is based on any law .	Four Corners Interpretive Center Act - Authorizes the Secretary of the Interior to establish the Four Corners Interpretive Center within the boundaries of the Four Corners Monument Tribal Park using land designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe. Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient for up to 50 percent of the cost to construct the Center. Authorizes appropriations.	Four Corners Interpretive Center Act
107_s2560	SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease State Support Act of 2002''. SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE. In this Act, the term ``chronic wasting disease'' means the animal disease afflicting deer and elk that-- (1) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (2) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. SEC. 3. FINDINGS. Congress finds the following: (1) Pursuant to State and Federal law, the States retain undisputed primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. (2) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing, managing, and eradicating this lethal disease. (3) As the States move to manage existing incidence of chronic wasting disease and insulate non-infected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States. (4) In its statutory role as supporting agent, relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, and local land management jurisdictions. (5) The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities. TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES SEC. 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID POPULATIONS. (a) Modeling Program Required.--The Secretary of the Interior shall establish a modeling program to predict the spread of chronic wasting disease in wild deer and elk in the United States. (b) Role.--Computer modeling shall be used to identify areas of potential disease concentration and future outbreak and shall be made available for the purposes of targeting public and private chronic wasting disease control efforts. (c) Data Integration.--Information shall be displayed in a GIS format to support management use of modeling results, and shall be displayed integrated with the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Environmental conditions data. (5) Wildlife data. (6) Other data as appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $1,000,000 under this section. SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. (a) Program Development.--Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall conduct a surveillance and monitoring program on Federal lands managed by the Secretary to identify-- (1) the incidence of chronic wasting disease infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Tribal Assistance.--In developing the surveillance and monitoring program for wild herds on Federal lands, the Secretary of the Interior shall provide assistance to tribal governments or tribal government entities responsible for managing and controlling chronic wasting disease in wildlife on tribal lands. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to establish and support the surveillance and monitoring program. TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING DISEASE. (a) Information Repository.--The United States Department of Agriculture, using existing authorities, shall develop and maintain an interactive, Internet-based web site that displays-- (1) surveillance and monitoring program data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that are collected by the Department of Agriculture, the Department of the Interior, other Federal agencies, and State agencies assisted under this Act; (2) modeling information regarding the spread of chronic wasting disease in the United States; and (3) other relevant information regarding chronic wasting disease received from other sources. (b) Information Sharing Policy.--The national repository shall be available as a resource for Federal and State agencies responsible for managing and controlling chronic wasting disease and for institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease. Data from the repository shall be made available to other Federal agencies, State agencies and the general public upon request. SEC. 202. SAMPLING AND TESTING PROTOCOLS. (a) Sampling Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release guidelines for the use by Federal, State, tribal and local agencies for the collection of animal tissue to be tested for chronic wasting disease. Guidelines shall include, at a minimum, procedures for the collection and stabilization of tissue samples for transport for laboratory assessment. Such guidelines shall be updated as necessary. (b) Testing Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release a protocol to be used in the laboratory assessment of samples of animal tissue that may be contaminated with chronic wasting disease. (c) Laboratory Certification.--Within 45 days of enactment of this Act, the Secretary of Agriculture shall develop a program for the inspection and certification of Federal and non-Federal laboratories conducting chronic wasting disease tests. (d) Development of New Tests.--The Secretary of Agriculture shall accelerate research into the development of live animal tests for chronic wasting disease, including field diagnostic tests, and the development of testing protocols that reduce laboratory test processing time. SEC. 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND ELK. (a) Captive Herd Program Development.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a program to identify the rate of chronic wasting disease infection in captive herds of deer and elk, the cause and extent of the spread of the disease, and potential reservoirs of infection and vectors promoting the spread of the disease. (1) Implementation.--The Secretary of Agriculture shall provide financial and technical assistance to States and tribal governments to implement surveillance and monitoring program for captive herds. (2) Cooperation.--In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State agencies responsible for managing and controlling chronic wasting disease in captive wildlife. Grantees under this section shall submit to the Secretary of Agriculture a plan for monitoring chronic wasting disease in captive wildlife and reducing the risk of disease spread through captive wildlife transport. As a condition of awarding aid under this section, the Secretary of Agriculture may prohibit or restrict the-- (A) movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease; and (B) use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. (3) Coordination.--The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (b) Wild Herd Program.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall, consistent with existing authority, assist States in reducing the incidence of chronic wasting disease infection in wild herds of deer and elk. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $2,000,000 to conduct activities under this section. SEC. 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. (a) Purpose.--Diagnostic testing will continue to be conducted on samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the States and the Federal Government, including the programs required by this Act, but current laboratory capacity is inadequate to process the anticipated sample load. (b) Upgrading of Federal Facilities.--The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by this Act and related epidemiological investigation in response to the results of such processing. (c) Upgrading of Certified Laboratories.--Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories certified by the Secretary to facilitate the timely processing of samples from surveillance and monitoring programs and related epidemiological investigation in response to the results of such processing. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $7,500,000 to carry out this section. SEC. 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. (a) Expansion.--The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate basic research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out this section. SEC. 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION. (a) Research Efforts.--The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall expand the grant program regarding research on chronic wasting disease. (b) Educational Efforts.--The Secretary of Agriculture shall provide educational outreach regarding chronic wasting disease to the general public, industry and conservation organizations, hunters, and interested scientific and regulatory communities. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture-- (1) $3,000,000 to carry out subsection (a); and (2) $1,000,000 to carry out subsection (b). TITLE III--GENERAL PROVISIONS SEC. 301. INTERAGENCY COORDINATION. (a) In General.--Within 60 days of enactment after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, shall enter into a cooperative agreement for the purpose of coordinating actions and disbursing funds authorized under section 302 of this title to prevent the spread of chronic wasting disease and related diseases in the United States. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) describes actions that are being taken, and will be taken, to prevent the further outbreak of chronic wasting disease and related diseases in the United States; and (2) contains any additional recommendations for additional legislative and regulatory actions that should be taken to prevent the spread of chronic wasting disease in the United States. SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE CHRONIC WASTING DISEASE IN WILDLIFE. (a) Availability of Assistance.--As a condition of the cooperative agreement described in section 301, the Secretary of Agriculture and the Secretary of the Interior shall develop a grant program to allocate funds appropriated to carry out this section directly to the State agency responsible for wildlife management in each State that petitions the Secretary for a portion of such fund to develop and implement long term management strategies to address chronic wasting disease in wildlife. (b) Funding Priorities.--In determining the amounts to be allocated to grantees under subsection (a), priority shall be given based on the following criteria: (1) Relative scope of incidence of chronic wasting disease in the State, with priority given to those jurisdictions with the highest incidence of the disease. (2) Expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and tribal governments that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. (3) Comprehensive and integrated policies and programs focused on chronic wasting disease management between involved State wildlife and agricultural agencies and tribal governments, with priority given to grantees that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. (4) Rapid response to new outbreaks of chronic wasting disease, whether occurring in States in which chronic wasting disease is already found or States with first infections, with the intent of containing the disease in any new area of infection. (c) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 to carry out this subsection. SEC. 303. RULEMAKING. (a) Joint Rulemaking.--To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 201, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. (b) Procedure.--The promulgation of the rules shall be made without regard to-- (1) chapter 35 of title 44, United States Code 13 (commonly know as the ``Paperwork Reduction Act''); (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) the notice and comment provisions of section 553 of title 5, United States Code. (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. (d) Relation to Other Rulemaking and Law.--The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or to effect any other rule or public law implemented by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease before the date of the enactment of this Act.	Chronic Wasting Disease State Support Act of 2002 - Defines chronic wasting disease as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease. Directs the Secretary of the Interior to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information. Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples. (2) a protocol to be used in the assessment of samples in the laboratory. And (3) a program for the inspection of laboratories conducting chronic wasting disease tests. Directs the Secretary of Agriculture to develop a program to identify: (1) the rate of infection in captive herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs.. And (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program. Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.	A bill to provide for a multi-agency cooperative effort to encourage further research regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support State efforts to control the disease, and for other purposes.	17,993	1,726	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Chronic Wasting Disease State Support Act of 2002". <SECTION-HEADER> DEFINITION OF CHRONIC WASTING DISEASE. In this Act, the term "chronic wasting disease" means the animal disease afflicting deer and elk that is a transmissible disease of the nervous system resulting in distinctive lesions in the brain. And belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. <SECTION-HEADER> FINDINGS. Congress finds the following: Pursuant to State and Federal law, the States retain undisputed primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing, managing, and eradicating this lethal disease. As the States move to manage existing incidence of chronic wasting disease and insulate non-infected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States. In its statutory role as supporting agent, relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, and local land management jurisdictions. The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities. TITLE I DEPARTMENT OF THE INTERIOR ACTIVITIES Section 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID POPULATIONS. Modeling Program Required. The Secretary of the Interior shall establish a modeling program to predict the spread of chronic wasting disease in wild deer and elk in the United States. Role. Computer modeling shall be used to identify areas of potential disease concentration and future outbreak and shall be made available for the purposes of targeting public and private chronic wasting disease control efforts. Data Integration. Information shall be displayed in a GIS format to support management use of modeling results, and shall be displayed integrated with the following: Land use data. Soils data. Elevation data. Environmental conditions data. Wildlife data. Other data as appropriate. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of the Interior $1,000,000 under this section. Section 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. Program Development. Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall conduct a surveillance and monitoring program on Federal lands managed by the Secretary to identify the incidence of chronic wasting disease infection in wild herds of deer and elk, the cause and extent of the spread of the disease. And potential reservoirs of infection and vectors promoting the spread of the disease. Tribal Assistance. In developing the surveillance and monitoring program for wild herds on Federal lands, the Secretary of the Interior shall provide assistance to tribal governments or tribal government entities responsible for managing and controlling chronic wasting disease in wildlife on tribal lands. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to establish and support the surveillance and monitoring program. TITLE II DEPARTMENT OF AGRICULTURE ACTIVITIES Section 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING DISEASE. Information Repository. The United States Department of Agriculture, using existing authorities, shall develop and maintain an interactive, Internet-based web site that displays surveillance and monitoring program data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that are collected by the Department of Agriculture, the Department of the Interior, other Federal agencies, and State agencies assisted under this Act. Modeling information regarding the spread of chronic wasting disease in the United States. And other relevant information regarding chronic wasting disease received from other sources. Information Sharing Policy. The national repository shall be available as a resource for Federal and State agencies responsible for managing and controlling chronic wasting disease and for institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease. Data from the repository shall be made available to other Federal agencies, State agencies and the general public upon request. Section 202. SAMPLING AND TESTING PROTOCOLS. Sampling Protocol. Within 30 days of enactment of this Act, the Secretary of Agriculture shall release guidelines for the use by Federal, State, tribal and local agencies for the collection of animal tissue to be tested for chronic wasting disease. Guidelines shall include, at a minimum, procedures for the collection and stabilization of tissue samples for transport for laboratory assessment. Such guidelines shall be updated as necessary. Testing Protocol. Within 30 days of enactment of this Act, the Secretary of Agriculture shall release a protocol to be used in the laboratory assessment of samples of animal tissue that may be contaminated with chronic wasting disease. Laboratory Certification. Within 45 days of enactment of this Act, the Secretary of Agriculture shall develop a program for the inspection and certification of Federal and non-Federal laboratories conducting chronic wasting disease tests. Development of New Tests. The Secretary of Agriculture shall accelerate research into the development of live animal tests for chronic wasting disease, including field diagnostic tests, and the development of testing protocols that reduce laboratory test processing time. Section 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND ELK. Captive Herd Program Development. The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a program to identify the rate of chronic wasting disease infection in captive herds of deer and elk, the cause and extent of the spread of the disease, and potential reservoirs of infection and vectors promoting the spread of the disease. Implementation. The Secretary of Agriculture shall provide financial and technical assistance to States and tribal governments to implement surveillance and monitoring program for captive herds. Cooperation. In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State agencies responsible for managing and controlling chronic wasting disease in captive wildlife. Grantees under this section shall submit to the Secretary of Agriculture a plan for monitoring chronic wasting disease in captive wildlife and reducing the risk of disease spread through captive wildlife transport. As a condition of awarding aid under this section, the Secretary of Agriculture may prohibit or restrict the movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. And use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. Coordination. The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. Wild Herd Program. The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall, consistent with existing authority, assist States in reducing the incidence of chronic wasting disease infection in wild herds of deer and elk. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $2,000,000 to conduct activities under this section. Section 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. Purpose. Diagnostic testing will continue to be conducted on samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the States and the Federal Government, including the programs required by this Act, but current laboratory capacity is inadequate to process the anticipated sample load. Upgrading of Federal Facilities. The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by this Act and related epidemiological investigation in response to the results of such processing. Upgrading of Certified Laboratories. Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 USC. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories certified by the Secretary to facilitate the timely processing of samples from surveillance and monitoring programs and related epidemiological investigation in response to the results of such processing. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $7,500,000 to carry out this section. Section 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. Expansion. The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate basic research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out this section. Section 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION. Research Efforts. The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall expand the grant program regarding research on chronic wasting disease. Educational Efforts. The Secretary of Agriculture shall provide educational outreach regarding chronic wasting disease to the general public, industry and conservation organizations, hunters, and interested scientific and regulatory communities. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $3,000,000 to carry out subsection (a). And $1,000,000 to carry out subsection (b). TITLE III GENERAL PROVISIONS Section 301. INTERAGENCY COORDINATION. In General. Within 60 days of enactment after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, shall enter into a cooperative agreement for the purpose of coordinating actions and disbursing funds authorized under section 302 of this title to prevent the spread of chronic wasting disease and related diseases in the United States. Report. Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a report that describes actions that are being taken, and will be taken, to prevent the further outbreak of chronic wasting disease and related diseases in the United States. And contains any additional recommendations for additional legislative and regulatory actions that should be taken to prevent the spread of chronic wasting disease in the United States. Section 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE CHRONIC WASTING DISEASE IN WILDLIFE. Availability of Assistance. As a condition of the cooperative agreement described in section 301, the Secretary of Agriculture and the Secretary of the Interior shall develop a grant program to allocate funds appropriated to carry out this section directly to the State agency responsible for wildlife management in each State that petitions the Secretary for a portion of such fund to develop and implement long term management strategies to address chronic wasting disease in wildlife. Funding Priorities. In determining the amounts to be allocated to grantees under subsection (a), priority shall be given based on the following criteria: Relative scope of incidence of chronic wasting disease in the State, with priority given to those jurisdictions with the highest incidence of the disease. Expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and tribal governments that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. Comprehensive and integrated policies and programs focused on chronic wasting disease management between involved State wildlife and agricultural agencies and tribal governments, with priority given to grantees that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. Rapid response to new outbreaks of chronic wasting disease, whether occurring in States in which chronic wasting disease is already found or States with first infections, with the intent of containing the disease in any new area of infection. Authorization of Appropriations. There are authorized to be appropriated $10,000,000 to carry out this subsection. Section 303. RULEMAKING. Joint Rulemaking. To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 201, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. Procedure. The promulgation of the rules shall be made without regard to chapter 35 of title 44, United States Code 13. The Statement of Policy of the Secretary of Agriculture effective July 24, 1971 , relating to notices of proposed rulemaking and public participation in rulemaking. And the notice and comment provisions of section 553 of title 5, United States Code. Congressional Review of Agency Rulemaking. In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. Relation to Other Rulemaking and Law. The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or to effect any other rule or public law implemented by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease before the date of the enactment of this Act.	Chronic Wasting Disease State Support Act of 2002 - Defines chronic wasting disease as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease. Directs the Secretary of the Interior to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information. Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples. (2) a protocol to be used in the assessment of samples in the laboratory. And (3) a program for the inspection of laboratories conducting chronic wasting disease tests. Directs the Secretary of Agriculture to develop a program to identify: (1) the rate of infection in captive herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs. And (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program. Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.	A bill to provide for a multi-agency cooperative effort to encourage further research regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support State efforts to control the disease, and for other purposes.
114_hr2237	SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Veterans Exposed to Burn Pits Act''. SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS RELATING TO EXPOSURE TO BURN PITS AND OTHER ENVIRONMENTAL EXPOSURES. (a) Establishment.--The Secretary of Veterans Affairs shall establish within the Department of Veterans Affairs a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures to carry out the responsibilities specified in subsection (d). Such center shall be established using-- (1) the directives, policies, and Comptroller General and Inspector General recommendations in effect as of the date of the enactment of this Act; and (2) guidance issued pursuant to section 313 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112- 239; 126 Stat. 1692; 10 U.S.C. 1074 note). (b) Selection of Sites.--In selecting the site for the center of excellence established under subsection (a), the Secretary of Veterans Affairs shall consider entities that-- (1) are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to burn pits and other environmental exposures; (2) have a publication track record of post-deployment health exposures among veterans who served in the Armed Forces in support of Operation Iraqi Freedom and Operation Enduring Freedom; (3) have collaborated with a geosciences department that has a medical geology division; (4) have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of Operation Iraqi Freedom and Operation Enduring Freedom; and (5) have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. (c) Collaboration.--The Secretary shall ensure that the center of excellence collaborates, to the maximum extent practicable, with the Secretary of Defense, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (d). (d) Responsibilities.--The center of excellence shall have the following responsibilities: (1) To provide for the development, testing, and dissemination within the Department of Veterans Affairs of best practices for the treatment of health conditions relating to exposure to burn pits and other environmental exposures. (2) To provide guidance for the health system of the Department of Veterans Affairs and the Department of Defense in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with health conditions relating to exposure to burn pits and other environmental exposures. (3) To establish, implement, and oversee a comprehensive program to train health professionals of the Department of Veterans Affairs and the Department of Defense in the treatment of health conditions relating to exposure to burn pits and other environmental exposures. (4) To facilitate advancements in the study of the short- term and long-term effects of exposure to burn pits and other environmental exposures. (5) To disseminate within the military medical treatment facilities of the Department of Veterans Affairs best practices for training health professionals with respect to health conditions relating to exposure to burn pits and other environmental exposures. (6) To conduct basic science and translational research on health conditions relating to exposure to burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. (7) To provide medical treatment to all veterans identified as part of the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (e) Use of Burn Pits Registry Data.--In carrying out its responsibilities under subsection (d), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (f) Definitions.--In this section: (1) The term ``burn pit'' means an area of land located in Afghanistan or Iraq that-- (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (2) The term ``other environmental exposures'' means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2016 through 2021.	Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure. Have a publication track record of post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom. Have collaborated with a geosciences department that has a medical geology division. Have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such Operations. And have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals. Provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions. Establish, implement, and oversee a comprehensive program to train VA and DOD health professionals in the treatment of such conditions. Facilitate advancements in the study of the short-term and long-term effects of such exposure. Conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. And provide medical treatment to all veterans identified as part of the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012. The center shall have access to and make use of the data accumulated by such registry.	Helping Veterans Exposed to Burn Pits Act	6,121	2,251	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Helping Veterans Exposed to Burn Pits Act". <SECTION-HEADER> CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS RELATING TO EXPOSURE TO BURN PITS AND OTHER ENVIRONMENTAL EXPOSURES. Establishment. The Secretary of Veterans Affairs shall establish within the Department of Veterans Affairs a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures to carry out the responsibilities specified in subsection (d). Such center shall be established using the directives, policies, and Comptroller General and Inspector General recommendations in effect as of the date of the enactment of this Act. And guidance issued pursuant to section 313 of the National Defense Authorization Act for Fiscal Year 2013 . Selection of Sites. In selecting the site for the center of excellence established under subsection (a), the Secretary of Veterans Affairs shall consider entities that are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to burn pits and other environmental exposures. Have a publication track record of post-deployment health exposures among veterans who served in the Armed Forces in support of Operation Iraqi Freedom and Operation Enduring Freedom. Have collaborated with a geosciences department that has a medical geology division. Have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of Operation Iraqi Freedom and Operation Enduring Freedom. And have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. Collaboration. The Secretary shall ensure that the center of excellence collaborates, to the maximum extent practicable, with the Secretary of Defense, institutions of higher education, and other appropriate public and private entities to carry out the responsibilities specified in subsection . Responsibilities. The center of excellence shall have the following responsibilities: To provide for the development, testing, and dissemination within the Department of Veterans Affairs of best practices for the treatment of health conditions relating to exposure to burn pits and other environmental exposures. To provide guidance for the health system of the Department of Veterans Affairs and the Department of Defense in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with health conditions relating to exposure to burn pits and other environmental exposures. To establish, implement, and oversee a comprehensive program to train health professionals of the Department of Veterans Affairs and the Department of Defense in the treatment of health conditions relating to exposure to burn pits and other environmental exposures. To facilitate advancements in the study of the short- term and long-term effects of exposure to burn pits and other environmental exposures. To disseminate within the military medical treatment facilities of the Department of Veterans Affairs best practices for training health professionals with respect to health conditions relating to exposure to burn pits and other environmental exposures. To conduct basic science and translational research on health conditions relating to exposure to burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. To provide medical treatment to all veterans identified as part of the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 . Use of Burn Pits Registry Data. In carrying out its responsibilities under subsection (d), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 . Definitions. In this section: The term "burn pit" means an area of land located in Afghanistan or Iraq that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air. And does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. The term "other environmental exposures" means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions. Authorization of Appropriations. There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2016 through 2021.	Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure. Have a publication track record of post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom. Have collaborated with a geosciences department that has a medical geology division. Have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such Operations. And have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals. Provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions. Establish, implement, and oversee a comprehensive program to train VA and DOD health professionals in the treatment of such conditions. Facilitate advancements in the study of the short-term and long-term effects of such exposure. Conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. And provide medical treatment to all veterans identified as part of the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012. The center shall have access to and make use of the data accumulated by such registry.	Helping Veterans Exposed to Burn Pits Act
111_hr4422	SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship and Business Development Act''. SEC. 2. MINORITY ENTREPRENEURSHIP AND BUSINESS ENTREPRISE CENTER GRANT PROGRAM. (a) In General.--The Director may make grants to an eligible educational institution or an eligible association or organization-- (1) to assist in establishing an entrepreneurship curriculum for studies; and (2) for placement of a Minority Business Entreprise Center within the educational institution, association, or organization. (b) Use of Funds.-- (1) Curriculum and capacity training requirement.--An eligible educational institution, association, or organization receiving a grant under this section shall develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs, including-- (A) business management and marketing, financial management and accounting, marketing analysis and competitive analysis, and innovation and strategic planning; and (B) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (2) Minority business enterprise center requirement.--Each eligible educational institution, association or organization receiving a grant under this section shall open a Minority Business Enterprise Center that follows the duties as prescibed by the Director of the Minority Business Development Agency. (c) Grant Awards.-- (1) In general.--The Director may not award a grant under this section to a single eligible educational institution, association or organization-- (A) in excess of $1,500,000 in any fiscal year; or (B) for a term of more than 3 years. (2) Limitation on use of funds.--Funds made available under this section may not be used for-- (A) any purpose other than those associated with the direct costs incurred by the eligible educational institution, association or organization to-- (i) develop and implement the curriculum described in subsection (b)(1); or (ii) organize and operate a minority business enterprise center, as described subsection (b)(2); or (B) building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). (d) Matching Requirement.--Grants made under this Act shall require a private matching grant of 15 percent. (e) Report.-- (1) In general.--Not later than 120 days following the end of the fiscal year of each year in which funds are made available for grants under this section, the Director shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. (2) Contents of report.--Each report under paragraph (1) shall include-- (A) a description of each entrepreneurship program developed with grant funds, the date of the award, and the number of participants in each such program; (B) the number of small business assisted through the minority business enterprise center with grant funds; and (C) data regarding the economic impact of minority business enterprise center with grant funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2010 through 2012, to remain available until expended. (g) Limitation on Use of Funds.--The Director shall carry out this section only with amounts appropriated in advance specifically to carry out this section. SEC. 3. OFFICE OF MINORITY ENTREPRENEURSHIP AND BUSINESS DEVELOPMENT. (a) Office of Minority Entrepreneurship and Business Development.-- There is established in the Minority Business Development Agency an Office of Minority Entrepreneurship and Business Development, which shall be administered by an Associate Director for Minority Entrepreneurship and Business Development appointed under section 3(b)(1) (in this section referred to as the ``Associate Director''). (b) Associate Director for Minority Entrepreneurship and Business Development.--The Associate Director shall-- (1) be-- (A) an appointee in the Senior Executive Service who is a career appointee; or (B) an employee in the competitive service; (2) increase the proportion of counseling and training that goes to minority start-ups and the Agency's entrepreneurial development programs; (3) increase the proportion of the Agency's contracts to minority entrepreneur and new businesses; (4) work with the partners of the Agency, trade associations, and business groups to identify and carry out policies and procedures to more effectively market the resources of the Agency to new and small minority-owned businesses; (5) ensure that the Agency's district offices and regional offices have adequate staff, funding, and other resources to market the grant program to newly formed and emerging minority- owned businesses and eligible institutions of higher education; (6) report to and be responsible directly to the Director. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $7,000,000 for fiscal year 2010; (2) $7,000,000 for fiscal year 2011; and (3) $7,000,000 for fiscal year 2012. SEC. 4. DEFINITIONS. In this Act-- (1) the terms ``Agency'' and ``Director'' mean the Minority Small Business Development Agency and the Director thereof, respectively; (2) the term ``eligible association or organization'' means an association or organization that-- (A) is-- (i) a minority business association described under paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) a foundation of minority business associations described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) has been in existence for at least the 5-year period before the date of awarding a grant under section 2; (3) the term ``eligible educational institution'' means an institution that is-- (A) a public or private institution of higher education (including any land-grant college or university, any college or school of business, engineering, commerce, or agriculture, or community college or junior college) or any entity formed by 2 or more institutions of higher education; and (B) a-- (i) historically Black college; (ii) Hispanic-serving institution; (iii) Asian-serving institution; (iv) Native Hawaiian-serving institution; or (v) tribal college; (4) the term ``historically Black college'' means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (5) the term ``Hispanic-serving institution'' has the meaning given that term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (6) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (7) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); and (8) the term ``tribal college'' has the same meaning as the term ``tribally controlled college or university'' under section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).	Minority Entrepreneurship and Business Development Act - Requires the Director of the Minority Small Business Development Agency (Agency) to make grants to an educational institution, association, or organization: (1) to assist in establishing an enterprise curriculum for studies. And (2) for placement of a Minority Business Enterprise Center within such institution, association, or organization. Requires an entity receiving a grant to: (1) develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs. And (2) open such a Center. Limits grants to $1.5 million per fiscal year, and grant duration to three years. Establishes within the Agency an Office of Minority Entrepreneurship and Business Development, administered by an Associate Director.	To establish the Minority Entrepreneurship and Business Development Program, and for other purposes.	9,510	824	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Minority Entrepreneurship and Business Development Act". <SECTION-HEADER> MINORITY ENTREPRENEURSHIP AND BUSINESS ENTREPRISE CENTER GRANT PROGRAM. In General. The Director may make grants to an eligible educational institution or an eligible association or organization to assist in establishing an entrepreneurship curriculum for studies. And for placement of a Minority Business Entreprise Center within the educational institution, association, or organization. Use of Funds. Curriculum and capacity training requirement. An eligible educational institution, association, or organization receiving a grant under this section shall develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs, including business management and marketing, financial management and accounting, marketing analysis and competitive analysis, and innovation and strategic planning. And additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. Minority business enterprise center requirement. Each eligible educational institution, association or organization receiving a grant under this section shall open a Minority Business Enterprise Center that follows the duties as prescibed by the Director of the Minority Business Development Agency. Grant Awards. In general. The Director may not award a grant under this section to a single eligible educational institution, association or organization in excess of $1,500,000 in any fiscal year. Or for a term of more than 3 years. Limitation on use of funds. Funds made available under this section may not be used for any purpose other than those associated with the direct costs incurred by the eligible educational institution, association or organization to develop and implement the curriculum described in subsection (b)(1). Or organize and operate a minority business enterprise center, as described subsection (b)(2). Or building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). Matching Requirement. Grants made under this Act shall require a private matching grant of 15 percent. Report. In general. Not later than 120 days following the end of the fiscal year of each year in which funds are made available for grants under this section, the Director shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. Contents of report. Each report under paragraph (1) shall include a description of each entrepreneurship program developed with grant funds, the date of the award, and the number of participants in each such program. The number of small business assisted through the minority business enterprise center with grant funds. And data regarding the economic impact of minority business enterprise center with grant funds. Authorization of Appropriations. There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2010 through 2012, to remain available until expended. Limitation on Use of Funds. The Director shall carry out this section only with amounts appropriated in advance specifically to carry out this section. <SECTION-HEADER> OFFICE OF MINORITY ENTREPRENEURSHIP AND BUSINESS DEVELOPMENT. Office of Minority Entrepreneurship and Business Development. There is established in the Minority Business Development Agency an Office of Minority Entrepreneurship and Business Development, which shall be administered by an Associate Director for Minority Entrepreneurship and Business Development appointed under section 3(b)(1) . Associate Director for Minority Entrepreneurship and Business Development. The Associate Director shall be an appointee in the Senior Executive Service who is a career appointee, or an employee in the competitive service. Increase the proportion of counseling and training that goes to minority start-ups and the Agency's entrepreneurial development programs. Increase the proportion of the Agency's contracts to minority entrepreneur and new businesses. Work with the partners of the Agency, trade associations, and business groups to identify and carry out policies and procedures to more effectively market the resources of the Agency to new and small minority-owned businesses. Ensure that the Agency's district offices and regional offices have adequate staff, funding, and other resources to market the grant program to newly formed and emerging minority- owned businesses and eligible institutions of higher education. Report to and be responsible directly to the Director. Authorization of Appropriations. There are authorized to be appropriated to carry out this section $7,000,000 for fiscal year 2010, $7,000,000 for fiscal year 2011. And $7,000,000 for fiscal year 2012. <SECTION-HEADER> DEFINITIONS. In this Act the terms "Agency" and "Director" mean the Minority Small Business Development Agency and the Director thereof, respectively. The term "eligible association or organization" means an association or organization that is a minority business association described under paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. Or a foundation of minority business associations described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. And has been in existence for at least the 5-year period before the date of awarding a grant under section 2. The term "eligible educational institution" means an institution that is a public or private institution of higher education or any entity formed by 2 or more institutions of higher education, and a historically Black college, Hispanic-serving institution, Asian-serving institution, Native Hawaiian-serving institution, or tribal college. The term "historically Black college" means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965. The term "Hispanic-serving institution" has the meaning given that term in section 502 of the Higher Education Act of 1965. The term "institution of higher education" has the meaning given that term in section 101 of the Higher Education Act of 1965. The term "small business concern" has the meaning given that term in section 3 of the Small Business Act. And the term "tribal college" has the same meaning as the term "tribally controlled college or university" under section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 USC. 1801(a)(4)).	Minority Entrepreneurship and Business Development Act - Requires the Director of the Minority Small Business Development Agency (Agency) to make grants to an educational institution, association, or organization: (1) to assist in establishing an enterprise curriculum for studies. And (2) for placement of a Minority Business Enterprise Center within such institution, association, or organization. Requires an entity receiving a grant to: (1) develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs. And (2) open such a Center. Limits grants to $1.5 million per fiscal year, and grant duration to three years. Establishes within the Agency an Office of Minority Entrepreneurship and Business Development, administered by an Associate Director.	To establish the Minority Entrepreneurship and Business Development Program, and for other purposes.
114_hr5133	SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Hospital Enhancement and Long Term Health Act of 2016''. SEC. 2. GREATER AVAILABILITY OF COMMUNITY FACILITIES GRANTS FOR RURAL HOSPITALS. (a) In General.--Section 306(a)(19) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end the following: ``(C) Special rules applicable to grants for hospitals.--In the case of a grant under this paragraph for a hospital: ``(i) Maximum grant.--The maximum amount of such a grant shall be $100,000. ``(ii) No financing requirement.--The Secretary may not condition the provision of such a grant on the inability of the applicant to finance the proposed project, in whole or in part, from the resources of the applicant, through commercial credit at reasonable rates and terms, or from any other funding source. ``(iii) Federal share.--The amount of such a grant shall not exceed 50 percent of the cost of developing the hospital.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 3. REAUTHORIZATION OF PROGRAM OF GRANTS TO STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act (42 U.S.C. 254r) is amended to read as follows: ``SEC. 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH. ``(a) In General.--The Secretary, acting through the Director of the Office of Rural Health Policy (established in section 711 of the Social Security Act), shall make grants to each State Office of Rural Health for the purpose of improving health care in rural areas. ``(b) Requirement of Matching Funds.-- ``(1) In general.--Subject to paragraph (2), the Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees, with respect to the costs to be incurred in carrying out the purpose described in such subsection, to provide non-Federal contributions toward such costs in an amount equal to $3 for each $1 of Federal funds provided in the grant. ``(2) Waiver or reduction.--The Secretary may waive or reduce the non-Federal contribution if the State Office of Rural Health can demonstrate that requiring matching funds would limit its ability to carry out the purpose described in subsection (a). ``(3) Determination of amount of non-federal contribution.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(c) Certain Required Activities.--Activities for which grant dollars shall be awarded under subsection (a) include-- ``(1) maintaining within the State Office of Rural Health a clearinghouse for collecting and disseminating information on-- ``(A) rural health care issues; ``(B) research findings relating to rural health care; and ``(C) innovative approaches to the delivery of health care in rural areas; ``(2) coordinating the activities carried out in the State that relate to rural health care, including providing coordination for the purpose of avoiding redundancy in such activities; and ``(3) identifying Federal and State programs regarding rural health, and providing technical assistance to public and nonprofit private entities regarding participation in such programs. ``(d) Requirement Regarding Annual Budget for Office.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that, for any fiscal year for which the State Office of Rural Health receives such a grant, the office operated pursuant to subsection (a) will be provided with an annual budget of not less than $50,000. ``(e) Certain Uses of Funds.-- ``(1) Restrictions.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that the grant will not be expended-- ``(A) to provide health care (including providing cash payments regarding such care); ``(B) to conduct activities for which Federal funds are expended-- ``(i) within the State to provide technical and other nonfinancial assistance under subsection (f) of section 330; ``(ii) under a memorandum of agreement entered into with the State Office of Rural Health under subsection (h) of such section; or ``(iii) under a grant under section 338I; ``(C) to purchase medical equipment, to purchase ambulances, aircraft, or other vehicles, or to purchase major communications equipment; ``(D) to purchase or improve real property; or ``(E) to carry out any activity regarding a certificate of need. ``(2) Authorities.--Activities for which a State Office of Rural Health may expend a grant under subsection (a) include-- ``(A) paying the costs of maintaining such Office for the purpose described in subsection (a); ``(B) subject to paragraph (1)(B)(iii), paying the costs of any activity carried out with respect to recruiting and retaining health professionals to serve in rural areas of the State; and ``(C) providing grants and contracts to public and nonprofit private entities to carry out activities authorized in this section. ``(f) Reports.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees-- ``(1) to submit to the Secretary reports or performance data containing such information as the Secretary may require regarding activities carried out under this section; and ``(2) to submit such a report or performance data not later than the close of the fiscal year immediately following any fiscal year for which the State Office of Rural Health has received such a grant. ``(g) Requirement of Application.--The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(h) Noncompliance.--The Secretary may not make payments under subsection (a) to a State Office of Rural Health for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State Office of Rural Health has complied with each of the agreements made by the State Office of Rural Health under this section. ``(i) Definitions.--In this section: ``(1) The term `State' means each of the several States. ``(2) The term `State Office of Rural Health' means, with respect to a State, the agency or office that is primarily responsible for improving health care in rural areas. ``(j) Authorization of Appropriations.-- ``(1) In general.--For the purpose of making grants under subsection (a), there are authorized to be appropriated, $15,000,000 for fiscal year 2017 and such sums as may be necessary for fiscal years 2018 through 2021. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. SEC. 4. ANNUAL STUDY AND REPORT ON RURAL HOSPITALS. (a) Study.--The Secretary of Health and Human Services shall, with respect to the first fiscal year beginning after the date of the enactment of this Act and each fiscal year thereafter, conduct an annual study on the following: (1) The number of rural hospitals that closed in such fiscal year. (2) With respect to the rural hospitals that so closed in such fiscal year, the reasons for such closures. (3) With respect to the rural hospitals that so closed in such fiscal year, the effect such closure had on patient access to care for the given area. (4) With respect to each category of rural hospitals described in subsection (b), the financial well-being of the rural hospitals in such category during such fiscal year. (b) Categories Described.--The categories of rural hospitals described in this subsection are the following: (1) Rural hospitals that are critical access hospitals (as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1))). (2) Rural hospitals that are sole community hospitals (as defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))). (3) Rural hospitals that are a medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G) of such Act (42 U.S.C. 1395ww(d)(5)(G))). (4) Any other such category of rural hospitals that the Secretary of Health and Human Services determines appropriate. (c) Definition of Rural Hospital.--For purposes of this section, the term ``rural hospital'' means a hospital located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D))). (d) Report.--With respect to each study conducted pursuant to subsection (a) with respect to a fiscal year, the Secretary of Health and Human Services shall, not later than December 31 of the following fiscal year, submit to Congress and to each State office of rural health (as described in section 338J(a) of the Public Health Service Act (42 U.S.C. 254r(a))) a report on such study.	Rural Hospital Enhancement and Long Term Health Act of 2016 This bill revises the Consolidated Farm and Rural Development Act by increasing the maximum grant amount for hospitals under the community facilities grant program. The Department of Health and Human Services (HHS) may not condition grants on the inability of applicants to finance their projects. The bill amends the Public Health Service Act by reauthorizing through FY2021 and revising the grant program for state offices of rural health, including by requiring HHS to make the grants, thus removing HHS' discretion to make them. HHS must report annually to Congress and each state office of rural health on rural hospitals' closures.	Rural Hospital Enhancement and Long Term Health Act of 2016	11,104	697	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rural Hospital Enhancement and Long Term Health Act of 2016". <SECTION-HEADER> GREATER AVAILABILITY OF COMMUNITY FACILITIES GRANTS FOR RURAL HOSPITALS. In General. Section 306(a)(19) of the Consolidated Farm and Rural Development Act (7 USC. 1926(a)(19)) is amended by adding at the end the following: Special rules applicable to grants for hospitals. In the case of a grant under this paragraph for a hospital: Maximum grant. The maximum amount of such a grant shall be $100,000. No financing requirement. The Secretary may not condition the provision of such a grant on the inability of the applicant to finance the proposed project, in whole or in part, from the resources of the applicant, through commercial credit at reasonable rates and terms, or from any other funding source. Federal share. The amount of such a grant shall not exceed 50 percent of the cost of developing the hospital.". Effective Date. The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. <SECTION-HEADER> REAUTHORIZATION OF PROGRAM OF GRANTS TO STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act is amended to read as follows: "Section 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH. In General. The Secretary, acting through the Director of the Office of Rural Health Policy , shall make grants to each State Office of Rural Health for the purpose of improving health care in rural areas. Requirement of Matching Funds. In general. Subject to paragraph (2), the Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees, with respect to the costs to be incurred in carrying out the purpose described in such subsection, to provide non-Federal contributions toward such costs in an amount equal to $3 for each $1 of Federal funds provided in the grant. Waiver or reduction. The Secretary may waive or reduce the non-Federal contribution if the State Office of Rural Health can demonstrate that requiring matching funds would limit its ability to carry out the purpose described in subsection (a). Determination of amount of non-federal contribution. Non-Federal contributions required in paragraph may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. Certain Required Activities. Activities for which grant dollars shall be awarded under subsection (a) include maintaining within the State Office of Rural Health a clearinghouse for collecting and disseminating information on rural health care issues, research findings relating to rural health care. And innovative approaches to the delivery of health care in rural areas. Coordinating the activities carried out in the State that relate to rural health care, including providing coordination for the purpose of avoiding redundancy in such activities. And identifying Federal and State programs regarding rural health, and providing technical assistance to public and nonprofit private entities regarding participation in such programs. Requirement Regarding Annual Budget for Office. The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that, for any fiscal year for which the State Office of Rural Health receives such a grant, the office operated pursuant to subsection (a) will be provided with an annual budget of not less than $50,000. Certain Uses of Funds. Restrictions. The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that the grant will not be expended to provide health care. To conduct activities for which Federal funds are expended within the State to provide technical and other nonfinancial assistance under subsection (f) of section 330. Under a memorandum of agreement entered into with the State Office of Rural Health under subsection (h) of such section, or under a grant under section 338I. To purchase medical equipment, to purchase ambulances, aircraft, or other vehicles, or to purchase major communications equipment, to purchase or improve real property. Or to carry out any activity regarding a certificate of need. Authorities. Activities for which a State Office of Rural Health may expend a grant under subsection (a) include paying the costs of maintaining such Office for the purpose described in subsection (a). Subject to paragraph (1)(B)(iii), paying the costs of any activity carried out with respect to recruiting and retaining health professionals to serve in rural areas of the State. And providing grants and contracts to public and nonprofit private entities to carry out activities authorized in this section. Reports. The Secretary may not make a grant under subsection unless the State Office of Rural Health involved agrees to submit to the Secretary reports or performance data containing such information as the Secretary may require regarding activities carried out under this section. And to submit such a report or performance data not later than the close of the fiscal year immediately following any fiscal year for which the State Office of Rural Health has received such a grant. Requirement of Application. The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. Noncompliance. The Secretary may not make payments under subsection (a) to a State Office of Rural Health for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State Office of Rural Health has complied with each of the agreements made by the State Office of Rural Health under this section. Definitions. In this section: The term `State' means each of the several States. The term `State Office of Rural Health' means, with respect to a State, the agency or office that is primarily responsible for improving health care in rural areas. Authorization of Appropriations. In general. For the purpose of making grants under subsection (a), there are authorized to be appropriated, $15,000,000 for fiscal year 2017 and such sums as may be necessary for fiscal years 2018 through 2021. Availability. Amounts appropriated under paragraph shall remain available until expended.". <SECTION-HEADER> ANNUAL STUDY AND REPORT ON RURAL HOSPITALS. Study. The Secretary of Health and Human Services shall, with respect to the first fiscal year beginning after the date of the enactment of this Act and each fiscal year thereafter, conduct an annual study on the following: The number of rural hospitals that closed in such fiscal year. With respect to the rural hospitals that so closed in such fiscal year, the reasons for such closures. With respect to the rural hospitals that so closed in such fiscal year, the effect such closure had on patient access to care for the given area. With respect to each category of rural hospitals described in subsection (b), the financial well-being of the rural hospitals in such category during such fiscal year. Categories Described. The categories of rural hospitals described in this subsection are the following: Rural hospitals that are critical access hospitals (as defined in section 1861(mm)(1) of the Social Security Act (42 USC. 1395x(mm)(1))). Rural hospitals that are sole community hospitals (as defined in section 1886(d)(5)(D)(iii) of such Act (42 USC. 1395ww(d)(5)(D)(iii))). Rural hospitals that are a medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G) of such Act (42 USC. 1395ww(d)(5)(G))). Any other such category of rural hospitals that the Secretary of Health and Human Services determines appropriate. Definition of Rural Hospital. For purposes of this section, the term "rural hospital" means a hospital located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (42 USC. 1395ww(d)(2)(D))). Report. With respect to each study conducted pursuant to subsection (a) with respect to a fiscal year, the Secretary of Health and Human Services shall, not later than December 31 of the following fiscal year, submit to Congress and to each State office of rural health (as described in section 338J(a) of the Public Health Service Act (42 USC. 254r(a))) a report on such study.	Rural Hospital Enhancement and Long Term Health Act of 2016 This bill revises the Consolidated Farm and Rural Development Act by increasing the maximum grant amount for hospitals under the community facilities grant program. The Department of Health and Human Services (HHS) may not condition grants on the inability of applicants to finance their projects. The bill amends the Public Health Service Act by reauthorizing through FY2021 and revising the grant program for state offices of rural health, including by requiring HHS to make the grants, thus removing HHS' discretion to make them. HHS must report annually to Congress and each state office of rural health on rural hospitals' closures.	Rural Hospital Enhancement and Long Term Health Act of 2016
115_hr3030	SECTION 1. SHORT TITLE. This Act may be cited as the ``Elie Wiesel Genocide and Atrocities Prevention Act of 2018''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States affirms the critical importance of strengthening the United States Government's efforts at atrocity prevention and response through interagency coordination such as the Atrocities Prevention Board (referred to in this section as the ``Board'') or successor entity. In carrying out the work of the Board or successor entity, appropriate officials of the United States Government should-- (1) meet regularly to monitor developments throughout the world that heighten the risk of atrocities; (2) identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity prevention and response; (3) facilitate the development and implementation of policies to enhance the capacity of the United States to prevent and respond to atrocities worldwide; (4) provide the President with recommendations to improve policies, programs, resources, and tools related to atrocity prevention and response; (5) conduct outreach, including consultations, not less frequently than biannually, with representatives of nongovernmental organizations and civil society dedicated to atrocity prevention and response; (6) operate with regular consultation and participation of designated interagency representatives of relevant Federal agencies, executive departments, or offices; and (7) ensure funds are made available for the policies, programs, resources, and tools related to atrocity prevention and response, including through mechanisms such as the Complex Crises Fund or other related accounts. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) regard the prevention of genocide and other atrocities as in its national security interests; (2) mitigate threats to United States security by addressing the root causes of insecurity and violent conflict to prevent-- (A) the mass slaughter of civilians; (B) conditions that prompt internal displacement and the flow of refugees across borders; and (C) other violence that wreaks havoc on regional stability and livelihoods; (3) enhance the capacity of the United States to identify, prevent, address, and respond to the drivers of atrocities and violent conflict as part of the United States' humanitarian, development, and strategic interests; and (4) pursue a Government-wide strategy to prevent and respond to the risk of genocide and other atrocities by-- (A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government; (B) improving the use of foreign assistance to respond early, effectively, and urgently in order to address the root causes and drivers of violence, and systemic patterns of human rights abuses and atrocities; (C) strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocities; (D) supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large; (E) promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity; and (F) employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by-- (i) placing a high priority on timely, preventive diplomatic efforts; and (ii) exercising a leadership role in promoting international efforts to end crises peacefully. SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES PREVENTION. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) instruction on recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peacebuilding, mediation for prevention, early action and response, and transitional justice measures to address atrocities.''; and (2) by adding at the end the following new subsection: ``(d) Definition.--In this section, the term `peacebuilding' means nonviolent activities designed to prevent conflict through-- ``(1) addressing root causes of violence; ``(2) promoting sustainable peace; ``(3) delegitimizing violence as a dispute resolution strategy; ``(4) building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances; and ``(5) reducing vulnerability to triggers that may spark violence.''. SEC. 5. REPORTS. Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 6 years, the President shall transmit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report, with a classified annex if necessary, that includes-- (1) a review, in consultation with appropriate interagency representatives, consisting of a detailed description of-- (A) current efforts based on United States and locally identified indicators, including capacities and constraints for Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to situations of genocide and atrocities and other mass violence, such as gender-based violence and violence against religious minorities; (B) recommendations to further strengthen United States capabilities described in subparagraph (A); (C) funding expended by relevant Federal departments and agencies on atrocities prevention activities, including transitional justice measures and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support conflict and atrocities prevention activities in countries identified to be at risk of atrocities; (D) current annual Government global assessments of sources of instability, conflict, and atrocities, the outcomes and findings of such assessments, and, where relevant, a review of activities, and the efficacy of such activities, that the Atrocities Prevention Board or successor entity undertook to respond to sources of instability, conflict, and atrocities; (E) consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions; (F) countries and regions at risk of atrocities, including a description of most likely pathways to violence, specific risk factors, potential groups of perpetrators, and at-risk target groups; and (G) instruction on recognizing patterns of escalation and early warning signs of potential atrocities and methods of conflict assessment, peace- building, mediation for prevention, early action and response, and transitional justice measures to address atrocities in the Federal training programs for Foreign Service officers; (2) recommendations to ensure shared responsibility by-- (A) enhancing multilateral mechanisms for preventing atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response; and (B) strengthening regional organizations; (3) implementation status of the recommendations contained in such review; and (4) identification of the Federal departments and agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report. SEC. 6. DEFINITION. In this Act, the term ``genocide'' means an offense under subsection (a) of section 1091 of title 18, United States Code, or any substantially similar conduct. Passed the House of Representatives July 17, 2018. Attest: KAREN L. HAAS, Clerk.	Elie Wiesel Genocide and Atrocities Prevention Act of 2018 This bill states that it shall be US policy to regard the prevention of genocide and other atrocities as in its national security interests. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service officers in recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peace building, and early response. The President shall report to Congress regarding US actions to prevent and respond to potential genocides and mass atrocities and countries and regions at risk of atrocities, including descriptions of potential perpetrators and target groups.	Elie Wiesel Genocide and Atrocities Prevention Act of 2017	11,596	745	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Elie Wiesel Genocide and Atrocities Prevention Act of 2018". <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of Congress that the United States affirms the critical importance of strengthening the United States Government's efforts at atrocity prevention and response through interagency coordination such as the Atrocities Prevention Board or successor entity. In carrying out the work of the Board or successor entity, appropriate officials of the United States Government should meet regularly to monitor developments throughout the world that heighten the risk of atrocities. Identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity prevention and response. Facilitate the development and implementation of policies to enhance the capacity of the United States to prevent and respond to atrocities worldwide. Provide the President with recommendations to improve policies, programs, resources, and tools related to atrocity prevention and response. Conduct outreach, including consultations, not less frequently than biannually, with representatives of nongovernmental organizations and civil society dedicated to atrocity prevention and response. Operate with regular consultation and participation of designated interagency representatives of relevant Federal agencies, executive departments, or offices. And ensure funds are made available for the policies, programs, resources, and tools related to atrocity prevention and response, including through mechanisms such as the Complex Crises Fund or other related accounts. <SECTION-HEADER> STATEMENT OF POLICY. It shall be the policy of the United States to regard the prevention of genocide and other atrocities as in its national security interests. Mitigate threats to United States security by addressing the root causes of insecurity and violent conflict to prevent the mass slaughter of civilians. Conditions that prompt internal displacement and the flow of refugees across borders. And other violence that wreaks havoc on regional stability and livelihoods. Enhance the capacity of the United States to identify, prevent, address, and respond to the drivers of atrocities and violent conflict as part of the United States' humanitarian, development, and strategic interests. And pursue a Government-wide strategy to prevent and respond to the risk of genocide and other atrocities by strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government. Improving the use of foreign assistance to respond early, effectively, and urgently in order to address the root causes and drivers of violence, and systemic patterns of human rights abuses and atrocities. Strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocities. Supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large. Promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity. And employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by placing a high priority on timely, preventive diplomatic efforts. And exercising a leadership role in promoting international efforts to end crises peacefully. <SECTION-HEADER> TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES PREVENTION. Section 708 of the Foreign Service Act of 1980 is amended in subsection (a)(1) in subparagraph (B), by striking "and" at the end. In subparagraph (C), by striking the period at the end and inserting ", and". And by adding at the end the following new subparagraph: instruction on recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peacebuilding, mediation for prevention, early action and response, and transitional justice measures to address atrocities.". And by adding at the end the following new subsection: Definition. In this section, the term `peacebuilding' means nonviolent activities designed to prevent conflict through addressing root causes of violence, promoting sustainable peace, delegitimizing violence as a dispute resolution strategy. Building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances. And reducing vulnerability to triggers that may spark violence.". <SECTION-HEADER> REPORTS. Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 6 years, the President shall transmit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report, with a classified annex if necessary, that includes a review, in consultation with appropriate interagency representatives, consisting of a detailed description of current efforts based on United States and locally identified indicators, including capacities and constraints for Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to situations of genocide and atrocities and other mass violence, such as gender-based violence and violence against religious minorities. Recommendations to further strengthen United States capabilities described in subparagraph (A). Funding expended by relevant Federal departments and agencies on atrocities prevention activities, including transitional justice measures and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support conflict and atrocities prevention activities in countries identified to be at risk of atrocities. Current annual Government global assessments of sources of instability, conflict, and atrocities, the outcomes and findings of such assessments, and, where relevant, a review of activities, and the efficacy of such activities, that the Atrocities Prevention Board or successor entity undertook to respond to sources of instability, conflict, and atrocities. Consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions. Countries and regions at risk of atrocities, including a description of most likely pathways to violence, specific risk factors, potential groups of perpetrators, and at-risk target groups. And instruction on recognizing patterns of escalation and early warning signs of potential atrocities and methods of conflict assessment, peace- building, mediation for prevention, early action and response, and transitional justice measures to address atrocities in the Federal training programs for Foreign Service officers. Recommendations to ensure shared responsibility by enhancing multilateral mechanisms for preventing atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response, and strengthening regional organizations, implementation status of the recommendations contained in such review. And identification of the Federal departments and agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report. <SECTION-HEADER> DEFINITION. In this Act, the term "genocide" means an offense under subsection (a) of section 1091 of title 18, United States Code, or any substantially similar conduct. Passed the House of Representatives July 17, 2018. Attest: KAREN L. HAAS, Clerk.	Elie Wiesel Genocide and Atrocities Prevention Act of 2018 This bill states that it shall be US policy to regard the prevention of genocide and other atrocities as in its national security interests. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service officers in recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peace building, and early response. The President shall report to Congress regarding US actions to prevent and respond to potential genocides and mass atrocities and countries and regions at risk of atrocities, including descriptions of potential perpetrators and target groups.	Elie Wiesel Genocide and Atrocities Prevention Act of 2017
105_hr1841	SECTION 1. SMALL BUSINESS EXCLUSION. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION FOR SMALL BUSINESSES AND FAMILY FARMS. ``(a) In General.--The value of the gross estate shall not include the value of the qualified small business or family farm interests of the decedent otherwise includible in the estate. ``(b) Qualified Small Business or Family Farm Interest.-- ``(1) In general.--For purposes of this section, the term `qualified small business or family farm interest' means-- ``(A) any interest in a closely held business which is the business of farming, if the decedent was actively engaged in such business, and ``(B) any interest in a small business, if more than 40 percent of the adjusted value of the gross estate consists of the value of interests in a closely held business. ``(2) Limitation.--Such term shall not include any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)). ``(3) Rules regarding ownership.-- ``(A) Ownership of entities.--For purposes of paragraph (1)-- ``(i) Corporations.--Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. ``(ii) Partnerships.--Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. ``(B) Ownership of tiered entities.--For purposes of this section, if by reason of holding an interest in a trade or business, a decedent or any member of the decedent's family is treated as holding an interest in any other trade or business-- ``(i) such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a qualified small business interest, and ``(ii) this section shall be applied separately in determining if such interest in any other trade or business is a qualified small business interest. ``(C) Individual ownership rules.--For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph (1) shall be considered as being owned proportionately by or for the entity's shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Interest in closely held business.--The term `interest in a closely held business' has the meaning given such term by section 6166(b). ``(2) Interest in a small business.--The term `interest in a small business' means an interest in a closely held business, as defined in section 6166(b), provided such a business has 100 or fewer employees. For purposes of the preceding sentence, any persons whose relationship is described in section 267(b) or section 707(b) shall be treated as one business. ``(3) Adjusted gross estate.--The term `adjusted value of the gross estate' means the value of the gross estate (determined without regard to this section) reduced by any amount deductible under paragraph (3) or (4) of section 2053(a). ``(4) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ``(C) Section 2032A(e)(10) (relating to community property). ``(D) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(E) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ``(5) Coordination with other estate tax benefits.--If there is a reduction in the value of the gross estate under this section-- ``(A) the dollar limitation applicable under section 2032A(a)(2), and ``(B) the $1,000,000 dollar amount under section 6601(j)(2) (as adjusted), shall each be reduced (but not below zero) by the amount of such reduction.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion for small businesses and family farms.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2000.	Amends the Internal Revenue Code to exclude from the gross estate of an individual the value of the qualified small business or family farm interest otherwise includible in the estate. Sets forth rules regarding ownership and personal holding company limitations.	To amend the Internal Revenue Code of 1986 to repeal the death tax for family farms and small businesses.	6,456	263	<SECTION-HEADER> SMALL BUSINESS EXCLUSION. In General. Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after section 2033 the following new section: "Section 2033A. EXCLUSION FOR SMALL BUSINESSES AND FAMILY FARMS. In General. The value of the gross estate shall not include the value of the qualified small business or family farm interests of the decedent otherwise includible in the estate. Qualified Small Business or Family Farm Interest. In general. For purposes of this section, the term `qualified small business or family farm interest' means any interest in a closely held business which is the business of farming, if the decedent was actively engaged in such business, and any interest in a small business, if more than 40 percent of the adjusted value of the gross estate consists of the value of interests in a closely held business. Limitation. Such term shall not include any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)). Rules regarding ownership. Ownership of entities. For purposes of paragraph (1) Corporations. Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. Partnerships. Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. Ownership of tiered entities. For purposes of this section, if by reason of holding an interest in a trade or business, a decedent or any member of the decedent's family is treated as holding an interest in any other trade or business such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a qualified small business interest, and this section shall be applied separately in determining if such interest in any other trade or business is a qualified small business interest. Individual ownership rules. For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph shall be considered as being owned proportionately by or for the entity's shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. Definitions and Special Rules. For purposes of this section Interest in closely held business. The term `interest in a closely held business' has the meaning given such term by section 6166(b). Interest in a small business. The term `interest in a small business' means an interest in a closely held business, as defined in section 6166(b), provided such a business has 100 or fewer employees. For purposes of the preceding sentence, any persons whose relationship is described in section 267(b) or section 707(b) shall be treated as one business. Adjusted gross estate. The term `adjusted value of the gross estate' means the value of the gross estate reduced by any amount deductible under paragraph (3) or (4) of section 2053(a). Applicable rules. Rules similar to the following rules shall apply: Section 2032A(b)(4) . Section 2032A(b)(5) . Section 2032A(e)(10) . Section 2032A(e)(14) . Section 6166(b)(3) . Coordination with other estate tax benefits. If there is a reduction in the value of the gross estate under this section the dollar limitation applicable under section 2032A(a)(2), and the $1,000,000 dollar amount under section 6601(j)(2) , shall each be reduced by the amount of such reduction." Clerical Amendment. The table of sections for part III of subchapter A of chapter 11 is amended by inserting after the item relating to section 2033 the following new item: "Section 2033A. Exclusion for small businesses and family farms." Effective Date. The amendments made by this section shall apply to estates of decedents dying after December 31, 2000.	Amends the Internal Revenue Code to exclude from the gross estate of an individual the value of the qualified small business or family farm interest otherwise includible in the estate. Sets forth rules regarding ownership and personal holding company limitations.	To amend the Internal Revenue Code of 1986 to repeal the death tax for family farms and small businesses.
113_hr3822	SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Wingate Land Division Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) In January 1993, the active mission of the Fort Wingate Depot Activity, located in McKinley County, New Mexico (in this Act referred to as ``Former Fort Wingate Depot Activity''), ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (2) The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and the Navajo Nation, as indicated by tribal ancestral histories and the large number of archeological and cultural sites identified on the lands. (3) The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that, upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation. (4) On July 8, 2013, the Zuni Tribe and Navajo Nation, acting through their respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Lujan and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity. (5) In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled ``Fort Wingate Depot Activity Negotiated Property Division July 2013'' prepared by the Army Corps of Engineers (in this Act referred to as the ``Map''), and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation. (6) This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation. SEC. 3. DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT ZUNI TRIBE AND NAVAJO NATION. (a) Immediate Trust on Behalf of Zuni Tribe; Exception.--Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Zuni Tribe of the Zuni Reservation as part of the Zuni Reservation, unless the Zuni Tribe elects under subparagraphs (B) and (C) of subsection (c)(3) to have specified parcels of the lands conveyed to the Zuni Tribe in Restricted Fee Status. (b) Immediate Trust on Behalf of Navajo Nation; Exception.--Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in green on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects under subsection (c)(3) to have specified parcels of the lands conveyed to the Navajo Nation in restricted fee status. (c) Subsequent Transfer and Trust; Restricted Fee Status Alternative.-- (1) Transfer upon completion of remediation.--Not later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. (2) Notification of transfer.--Not later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. (3) Trust or restricted fee status.-- (A) Trust.--Except as provided in subparagraph (B), the Secretary of Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust-- (i) for the Zuni Tribe, in the case of land depicted in blue on the Map; or (ii) for the Navajo Nation, in the case of land depicted in green on the Map. (B) Restricted fee status alternative.--In lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status. (C) Notification of election.--Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status. (D) Conveyance.--As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than six months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be. (E) Restricted fee status defined.--For purposes of this Act only, the term ``restricted fee status'', with respect to land conveyed under subparagraph (D), means that the land so conveyed-- (i) shall be owned in fee by the Indian tribe to whom the land is conveyed; (ii) shall be part of the Indian tribe's Reservation and expressly made subject to the jurisdiction of the Indian Tribe; (iii) shall not be sold by the Indian tribe without the consent of Congress; (iv) shall not be subject to taxation by any government other than the government of the Indian tribe; and (v) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party. (d) Survey and Boundary Requirements.-- (1) In general.--The Secretary of the Interior shall-- (A) provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c); and (B) establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. (2) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities. (e) Relation to Certain Regulations.--Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c). SEC. 4. RETENTION OF NECESSARY EASEMENTS AND ACCESS. (a) Easements for Cleanup and Remediation.--The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection. (b) Shared Access.-- (1) Parcel 1 shared cultural and religious access.--In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within one year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior. (2) Other shared access.--Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites. (c) I-25 Frontage Road Entrance.--The entire access road for Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 25 and leads to the parcel of Former Fort Wingate Depot Activity depicted as ``administration area'' on the Map, shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity. (d) Department of Defense Access to Missile Defense Agency Facility.--Lands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to such easements as may be reasonably required to permit Department of Defense access to the Missile Defense Agency facility at Former Fort Wingate Depot Activity. SEC. 5. ENVIRONMENTAL REMEDIATION. (a) Responsibility for Cleanup.--Nothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department. (b) Liability.--Neither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (c) Treatment of Claims Against Tribes.-- (1) In general.--The Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (2) Notification requirement.--After a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel. (d) Effect of Environmental Certification.--Certification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.	Fort Wingate Land Division Act of 2014 - Declares that all interest of the United States in and to certain lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, and transferred to the Secretary of the Interior are to be held in trust for the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have specified parcels of those lands conveyed to it in restricted fee status. Declares that all interest of the United States in and to specified lands of the former Fort Wingate Depot Activity and transferred to the Secretary are to be held in trust for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have specified parcels of those lands conveyed to it in restricted fee status. Subjects the lands of the former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of the Activity for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the former Fort Wingate Depot Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Declares that the entire access road for the former Fort Wingate Depot Activity shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to such easements as may be reasonably required to permit the Department of Defense (DOD) access to the Missile Defense Agency facility at the former Fort Wingate Depot Activity. Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it.	Fort Wingate Land Division Act of 2014	14,565	1,949	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fort Wingate Land Division Act of 2014". <SECTION-HEADER> FINDINGS. Congress finds the following: In January 1993, the active mission of the Fort Wingate Depot Activity, located in McKinley County, New Mexico , ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act . The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and the Navajo Nation, as indicated by tribal ancestral histories and the large number of archeological and cultural sites identified on the lands. The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that, upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation. On July 8, 2013, the Zuni Tribe and Navajo Nation, acting through their respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Lujan and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity. In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled "Fort Wingate Depot Activity Negotiated Property Division July 2013" prepared by the Army Corps of Engineers , and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation. This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation. <SECTION-HEADER> DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT ZUNI TRIBE AND NAVAJO NATION. Immediate Trust on Behalf of Zuni Tribe. Exception. Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Zuni Tribe of the Zuni Reservation as part of the Zuni Reservation, unless the Zuni Tribe elects under subparagraphs (B) and of subsection (c)(3) to have specified parcels of the lands conveyed to the Zuni Tribe in Restricted Fee Status. Immediate Trust on Behalf of Navajo Nation. Exception. Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in green on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects under subsection (c)(3) to have specified parcels of the lands conveyed to the Navajo Nation in restricted fee status. Subsequent Transfer and Trust. Restricted Fee Status Alternative. Transfer upon completion of remediation. Not later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. Notification of transfer. Not later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. Trust or restricted fee status. Trust. Except as provided in subparagraph (B), the Secretary of Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust for the Zuni Tribe, in the case of land depicted in blue on the Map. Or for the Navajo Nation, in the case of land depicted in green on the Map. Restricted fee status alternative. In lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status. Notification of election. Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status. Conveyance. As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than six months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be. Restricted fee status defined. For purposes of this Act only, the term "restricted fee status", with respect to land conveyed under subparagraph (D), means that the land so conveyed shall be owned in fee by the Indian tribe to whom the land is conveyed. Shall be part of the Indian tribe's Reservation and expressly made subject to the jurisdiction of the Indian Tribe. Shall not be sold by the Indian tribe without the consent of Congress. Shall not be subject to taxation by any government other than the government of the Indian tribe. And shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party. Survey and Boundary Requirements. In general. The Secretary of the Interior shall provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c). And establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. Consultation. Not later than 90 days after the date of the enactment of this Act, the Secretary of Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities. Relation to Certain Regulations. Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c). <SECTION-HEADER> RETENTION OF NECESSARY EASEMENTS AND ACCESS. Easements for Cleanup and Remediation. The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection. Shared Access. Parcel 1 shared cultural and religious access. In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within one year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior. Other shared access. Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites. I-25 Frontage Road Entrance. The entire access road for Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 25 and leads to the parcel of Former Fort Wingate Depot Activity depicted as "administration area" on the Map, shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity. Department of Defense Access to Missile Defense Agency Facility. Lands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to such easements as may be reasonably required to permit Department of Defense access to the Missile Defense Agency facility at Former Fort Wingate Depot Activity. <SECTION-HEADER> ENVIRONMENTAL REMEDIATION. Responsibility for Cleanup. Nothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department. Liability. Neither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. Treatment of Claims Against Tribes. In general. The Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. Notification requirement. After a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel. Effect of Environmental Certification. Certification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.	Fort Wingate Land Division Act of 2014 - Declares that all interest of the United States in and to certain lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, and transferred to the Secretary of the Interior are to be held in trust for the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have specified parcels of those lands conveyed to it in restricted fee status. Declares that all interest of the United States in and to specified lands of the former Fort Wingate Depot Activity and transferred to the Secretary are to be held in trust for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have specified parcels of those lands conveyed to it in restricted fee status. Subjects the lands of the former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of the Activity for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the former Fort Wingate Depot Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Declares that the entire access road for the former Fort Wingate Depot Activity shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to such easements as may be reasonably required to permit the Department of Defense (DOD) access to the Missile Defense Agency facility at the former Fort Wingate Depot Activity. Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it.	Fort Wingate Land Division Act of 2014
103_s356	SECTION 1. SHORT TITLE. This Act may be cited as the ``Possessions Wage Credit Act of 1993''. SEC. 2. REPLACEMENT OF POSSESSION TAX CREDIT WITH WAGE-BASED EMPLOYMENT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45A. POSSESSIONS EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the possessions employment credit determined under this section with respect to any eligible employer for any taxable year is 40 percent of the qualified possession wages paid or incurred during such taxable year. ``(b) Qualified Possession Wages.--For purposes of this section, the term `qualified possession wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified possession employee to the extent such wages do not exceed $20,000. ``(c) Qualified Possession Employee.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified possession employee' means, with respect to any period, any employee of an eligible employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a possession of the United States in a trade or business of the employer, ``(B) such employee is a bona fide resident of such possession, and ``(C) such employee is subject to tax by such possession on income from sources within and without such possession. ``(2) Certain individuals not eligible.--The term `qualified possession employee' shall not include-- ``(A) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), ``(B) any 5-percent owner (as defined in section 416(i)(1)(B)), and ``(C) any individual unless such individual either-- ``(i) is employed by the employer at least 90 days, or ``(ii) has completed at least 120 hours of services performed for the employer. ``(d) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means a domestic corporation which-- ``(A) elects the application of this section, and ``(B) meets the conditions of both subparagraphs (A) and (B) of paragraph (2). ``(2) Conditions which must be satisfied.--The conditions referred to in paragraph (1) are as follows: ``(A) 3-year period.--If 80 percent or more of the gross income of such domestic corporation for the 3- year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within a possession of the United States (determined without regard to section 904(f)). ``(B) Trade or business.--If 75 percent or more of the gross income of such domestic corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Possession.--The term `possession of the United States' includes the Commonwealth of Puerto Rico and the Virgin Islands. ``(2) Wages.--The term `wages' has the same meaning as when used in section 51, except that paragraph (4) of section 51(c) shall not apply. ``(3) Treatment of certain foreign taxes.--For purposes of this title, any tax of a foreign country or possession of the United States which is paid or accrued with respect to taxable income of an eligible employer for any taxable year for which an election is in effect under this section shall not be treated as income, war profits, or excess profits paid or accrued to a foreign country or possession of the United States. The preceding sentence shall not apply to the extent such amounts exceed the amount of the credit determined under subsection (a) for such taxable year. ``(4) Controlled groups.-- ``(A) Treated as single employer.--All employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this section. ``(B) Proportionate share.--The credit (if any) determined under this section with respect to each employer described in subparagraph (A) shall be such employer's proportionate share of the wages giving rise to such credit. ``(5) Denial of double benefit.--No credit or deduction shall be allowable under any other provision of this title with respect to any wages taken into account in computing the credit allowed by this section. ``(6) Certain other rules made applicable.--Rules similar to the rules of section 51(k) and subsections (c), (d), and (e) of section 52 shall apply. ``(f) Transition Rules.--For purposes of this section-- ``(1) In general.--In the case of a taxpayer for which a credit is allowed under section 936 for its last taxable year ending before February 16, 1993, the credit determined under subsection (a) for each of the 5 taxable years in the transition period shall not be less than the lesser of-- ``(A) the old section 936 amount, or ``(B) the adjusted wage credit. ``(2) Old section 936 amount.--For purposes of paragraph (1)(A)-- ``(A) In general.--The term `old section 936 amount' means, with respect to any taxable year, the applicable percentage of the lesser of-- ``(i) the amount of the credit which would have been determined under section 936 but for section 936(i), or ``(ii) 115 percent of the average amount of the credit under section 936 of the taxpayer and its predecessors for the 3-taxable-year period ending with the taxpayer's last taxable year ending before February 16, 1993 (not taking into account years in which the taxpayer or any predecessor was not in existence). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined as follows: ``In the case of the following year in The percent- the transition period: age is: 1st.............................. 100 2d............................... 100 3d............................... 75 4th.............................. 50 5th.............................. 25. ``(3) Adjusted wage credit.--For purposes of paragraph (1)(B)-- ``(A) In general.--The term `adjusted wage credit' means, with respect to any taxable year, the amount determined under subsection (a) by substituting the applicable percentage for 40 percent. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined as follows: ``In the case of the following year in The percent- the transition period: age is: 1st.............................. 100 2d............................... 100 3d............................... 85 4th.............................. 70 5th.............................. 55. ``(4) Treatment of additional credit.--If an additional credit is allowed to a taxpayer for any taxable year by reason of this subsection, then, for purposes of this title-- ``(A) an election under section 936 shall be treated as in effect with respect to such taxpayer for such taxable year, and ``(B) the excess of the credit allowed under this section for such taxable year over the amount of the credit which would have been allowed without regard to this subsection shall be treated as a credit allowed by section 936. ``(5) Transition period.--For purposes of this subsection, the term `transition period' means the 5-taxable-year period beginning with the taxable year which includes February 16, 1993.''. (b) Termination of Section 936 Credit.-- (1) In general.--Section 936 of such Code is amended by adding at the end the following new subsection: ``(i) Termination.--Except as provided in section 45A(f)(4), no credit shall be allowed under this section for any taxable year ending on or after February 16, 1993.''. (2) Conforming amendment.--Section 27(b) of such Code is amended by adding at the end the following new sentence: ``Except as provided in section 45A(f)(4), no credit shall be allowed under this subsection for any taxable year ending on or after February 16, 1993.''. (c) Credit Allowed as Business Credit.-- (1) In general.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(9) the possessions employment credit under section 45A(a).''. (2) Transition.--Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(4) No carryback of possessions employment credit.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45A may be carried back to any taxable year ending before February 16, 1993.''. (d) Conforming Amendments.-- (1) Sections 243(b)(1)(B)(ii) and 1361(b)(2)(D) of such Code are each amended by inserting ``45A or'' before ``936''. (2) Section 1504(b)(4) of such Code is amended by inserting ``section 45A (relating to possessions employment credit) or'' before ``section 936''. (3) Clause (ii) of section 6091(b)(2)(B) of such Code is amended by inserting ``section 45A (relating to possessions employment credit) or'' before ``section 936''. (4) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45A. Possessions employment credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after February 16, 1993. SEC. 3. EXTENSION AND MODIFICATION OF DEDUCTION OF HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) 18-Month Extension.--Paragraph (6) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended by striking ``June 30, 1992'' and inserting ``December 31, 1993''. (b) Increase in Amount of Deduction.--Section 162(l)(1) of such Code is amended by striking ``25 percent of''. (c) Conforming Amendment.--Paragraph (2) of section 110(a) of the Tax Extension Act of 1991 is hereby repealed. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after June 30, 1992. (2) Increase.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1992.	Possessions Wage Credit Act of 1993 - Amends the Internal Revenue Code to allow a possessions employment credit for wages paid or incurred by an employer for services performed by an employee within a possession of the United States, if such employee is a bona fide resident of such possession and is subject to its tax on income from sources within and without such possession. Terminates the Puerto Rico and possession tax credit.	Possessions Wage Credit Act of 1993	13,736	432	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Possessions Wage Credit Act of 1993". <SECTION-HEADER> REPLACEMENT OF POSSESSION TAX CREDIT WITH WAGE-BASED EMPLOYMENT CREDIT. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 45A. POSSESSIONS EMPLOYMENT CREDIT. Amount of Credit. For purposes of section 38, the amount of the possessions employment credit determined under this section with respect to any eligible employer for any taxable year is 40 percent of the qualified possession wages paid or incurred during such taxable year. Qualified Possession Wages. For purposes of this section, the term `qualified possession wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified possession employee to the extent such wages do not exceed $20,000. Qualified Possession Employee. For purposes of this section In general. Except as otherwise provided in this subsection, the term `qualified possession employee' means, with respect to any period, any employee of an eligible employer if substantially all of the services performed during such period by such employee for such employer are performed within a possession of the United States in a trade or business of the employer, such employee is a bona fide resident of such possession, and such employee is subject to tax by such possession on income from sources within and without such possession. Certain individuals not eligible. The term `qualified possession employee' shall not include any individual described in subparagraph (A). or (C) of section 51(i)(1), any 5-percent owner (as defined in section 416(i)(1)(B)), and any individual unless such individual either is employed by the employer at least 90 days, or has completed at least 120 hours of services performed for the employer. Eligible Employer. For purposes of this section In general. The term `eligible employer' means a domestic corporation which elects the application of this section, and meets the conditions of both subparagraphs and (B) of paragraph (2). Conditions which must be satisfied. The conditions referred to in paragraph (1) are as follows: 3-year period. If 80 percent or more of the gross income of such domestic corporation for the 3- year period immediately preceding the close of the taxable year was derived from sources within a possession of the United States (determined without regard to section 904(f)). Trade or business. If 75 percent or more of the gross income of such domestic corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. Other Definitions and Special Rules. For purposes of this section Possession. The term `possession of the United States' includes the Commonwealth of Puerto Rico and the Virgin Islands. Wages. The term `wages' has the same meaning as when used in section 51, except that paragraph (4) of section 51(c) shall not apply. Treatment of certain foreign taxes. For purposes of this title, any tax of a foreign country or possession of the United States which is paid or accrued with respect to taxable income of an eligible employer for any taxable year for which an election is in effect under this section shall not be treated as income, war profits, or excess profits paid or accrued to a foreign country or possession of the United States. The preceding sentence shall not apply to the extent such amounts exceed the amount of the credit determined under subsection (a) for such taxable year. Controlled groups. Treated as single employer. All employers treated as a single employer under subsection (a) or of section 52 shall be treated as a single employer for purposes of this section. Proportionate share. The credit determined under this section with respect to each employer described in subparagraph (A) shall be such employer's proportionate share of the wages giving rise to such credit. Denial of double benefit. No credit or deduction shall be allowable under any other provision of this title with respect to any wages taken into account in computing the credit allowed by this section. Certain other rules made applicable. Rules similar to the rules of section 51(k) and subsections (c), (d), and (e) of section 52 shall apply. Transition Rules. For purposes of this section In general. In the case of a taxpayer for which a credit is allowed under section 936 for its last taxable year ending before February 16, 1993, the credit determined under subsection (a) for each of the 5 taxable years in the transition period shall not be less than the lesser of the old section 936 amount, or the adjusted wage credit. Old section 936 amount. For purposes of paragraph (A) In general. The term `old section 936 amount' means, with respect to any taxable year, the applicable percentage of the lesser of the amount of the credit which would have been determined under section 936 but for section 936(i), or 115 percent of the average amount of the credit under section 936 of the taxpayer and its predecessors for the 3-taxable-year period ending with the taxpayer's last taxable year ending before February 16, 1993 . Applicable percentage. For purposes of subparagraph (A), the applicable percentage shall be determined as follows: "In the case of the following year in The percent- the transition period: age is: 1st............... 100 2d................ 100 3d................ 75 4th............... 50 5th............... 25. Adjusted wage credit. For purposes of paragraph (B) In general. The term `adjusted wage credit' means, with respect to any taxable year, the amount determined under subsection (a) by substituting the applicable percentage for 40 percent. Applicable percentage. For purposes of subparagraph (A), the applicable percentage shall be determined as follows: "In the case of the following year in The percent- the transition period: age is: 1st............... 100 2d................ 100 3d................ 85 4th............... 70 5th............... 55. Treatment of additional credit. If an additional credit is allowed to a taxpayer for any taxable year by reason of this subsection, then, for purposes of this title an election under section 936 shall be treated as in effect with respect to such taxpayer for such taxable year, and the excess of the credit allowed under this section for such taxable year over the amount of the credit which would have been allowed without regard to this subsection shall be treated as a credit allowed by section 936. Transition period. For purposes of this subsection, the term `transition period' means the 5-taxable-year period beginning with the taxable year which includes February 16, 1993.". Termination of Section 936 Credit. In general. Section 936 of such Code is amended by adding at the end the following new subsection: Termination. Except as provided in section 45A(f)(4), no credit shall be allowed under this section for any taxable year ending on or after February 16, 1993.". Conforming amendment. Section 27(b) of such Code is amended by adding at the end the following new sentence: "Except as provided in section 45A(f)(4), no credit shall be allowed under this subsection for any taxable year ending on or after February 16, 1993.". Credit Allowed as Business Credit. In general. Section 38(b) of such Code is amended by striking "plus" at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ", plus", and by adding at the end the following new paragraph: the possessions employment credit under section 45A(a).". Transition. Section 39(d) of such Code is amended by adding at the end the following new paragraph: No carryback of possessions employment credit. No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45A may be carried back to any taxable year ending before February 16, 1993.". Conforming Amendments. Sections 243(b)(1)(B)(ii) and 1361(b)(2)(D) of such Code are each amended by inserting "45A or" before "936". Section 1504(b)(4) of such Code is amended by inserting "section 45A or" before "section 936". Clause (ii) of section 6091(b)(2)(B) of such Code is amended by inserting "section 45A or" before "section 936". The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Section 45A. Possessions employment credit.". Effective Date. The amendments made by this section shall apply to taxable years ending on or after February 16, 1993. <SECTION-HEADER> EXTENSION AND MODIFICATION OF DEDUCTION OF HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. 18-Month Extension. Paragraph (6) of section 162(l) of the Internal Revenue Code of 1986 is amended by striking "June 30, 1992" and inserting "December 31, 1993". Increase in Amount of Deduction. Section 162(l)(1) of such Code is amended by striking "25 percent of". Conforming Amendment. Paragraph (2) of section 110(a) of the Tax Extension Act of 1991 is hereby repealed. Effective Dates. In general. The amendments made by this section shall apply to taxable years ending after June 30, 1992. Increase. The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1992.	Possessions Wage Credit Act of 1993 - Amends the Internal Revenue Code to allow a possessions employment credit for wages paid or incurred by an employer for services performed by an employee within a possession of the United States, if such employee is a bona fide resident of such possession and is subject to its tax on income from sources within and without such possession. Terminates the Puerto Rico and possession tax credit.	Possessions Wage Credit Act of 1993
115_hr3595	SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Families Act''. SEC. 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. (a) In General.-- (1) Allowance of credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. ``(a) Establishment of Credit.-- ``(1) In general.--For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to the applicable percentage of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 12.5 percent increased (but not above 25 percent) by 0.25 percentage points for each percentage point by which the rate of payment (as described under subsection (c)(1)(B)) exceeds 50 percent. ``(b) Limitation.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any employee for any taxable year shall not exceed an amount equal to the product of the normal hourly wage rate of such employee for each hour (or fraction thereof) of actual services performed for the employer and the number of hours (or fraction thereof) for which family and medical leave is taken. ``(2) Non-hourly wage rate.--For purposes of paragraph (1), in the case of any employee who is not paid on an hourly wage rate, the wages of such employee shall be prorated to an hourly wage rate under regulations established by the Secretary, in consultation with the Secretary of Labor. ``(3) Maximum amount of leave subject to credit.--The amount of family and medical leave that may be taken into account with respect to any employee under subsection (a) for any taxable year shall not exceed 12 weeks. ``(c) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means any employer who has in place a policy that meets the following requirements: ``(A) The policy provides-- ``(i) in the case of a qualifying employee who is not a part-time employee (as defined in section 4980E(d)(4)(B)), not less than 2 weeks of annual paid family and medical leave, and ``(ii) in the case of a qualifying employee who is a part-time employee, an amount of annual paid family and medical leave that is not less than an amount which bears the same ratio to the amount of annual paid family and medical leave that is provided to a qualifying employee described in clause (i) as-- ``(I) the number of hours the employee is expected to work during any week, bears to ``(II) the number of hours an equivalent qualifying employee described in clause (i) is expected to work during the week. ``(B) The policy requires that the rate of payment under the program is not less than 50 percent of the wages normally paid to such employee for services performed for the employer. ``(2) Special rule for certain employers.-- ``(A) In general.--An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave in compliance with a policy which ensures that the employer-- ``(i) will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and ``(ii) will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. ``(B) Added employer; added employee.--For purposes of this paragraph-- ``(i) Added employee.--The term `added employee' means a qualifying employee who is not covered by title I of the Family and Medical Leave Act of 1993, as amended. ``(ii) Added employer.--The term `added employer' means an eligible employer (determined without regard to this paragraph), whether or not covered by that title I, who offers paid family and medical leave to added employees. ``(3) Aggregation rule.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(4) Treatment of benefits mandated or paid for by state or local governments.--For purposes of this section, any leave which is paid by a State or local government or required by State or local law shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. ``(5) No inference.--Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection (a) or recapturing the benefit of such credit) for failure to comply with the requirements of this subsection. ``(d) Qualifying Employees.--For purposes of this section, the term `qualifying employee' means any employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938, as amended) who-- ``(1) has been employed by the employer for 1 year or more, and ``(2) for the preceding year, had compensation not in excess of an amount equal to 60 percent of the amount applicable for such year under clause (i) of section 414(q)(1)(B). ``(e) Family and Medical Leave.-- ``(1) In general.--Except as provided in paragraph (2), for purposes of this section, the term `family and medical leave' means leave for any one or more of the purposes described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, as amended, whether the leave is provided under that Act or by a policy of the employer. ``(2) Exclusion.--If an employer provides paid leave as vacation leave, personal leave, or medical or sick leave (other than leave specifically for one or more of the purposes referred to in paragraph (1)), that paid leave shall not be considered to be family and medical leave under paragraph (1). ``(3) Definitions.--In this subsection, the terms `vacation leave', `personal leave', and `medical or sick leave' mean those 3 types of leave, within the meaning of section 102(d)(2) of that Act. ``(f) Wages.--For purposes of this section, the term `wages' has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. ``(g) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. ``(h) Termination.--This section shall not apply to wages paid in any taxable year beginning after the date which is 5 years after the date of the enactment of the Strong Families Act.''. (b) Credit Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a).''. (c) Credit Allowed Against AMT.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (d) Conforming Amendments.-- (1) Denial of double benefit.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (2) Election to have credit not apply.--Section 6501(m) of such Code is amended by inserting ``45S(g),'' after ``45H(g),''. (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Employer credit for paid family and medical leave.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid in taxable years beginning after the date of the enactment of this Act. SEC. 3. GAO STUDY OF IMPACT OF TAX CREDIT TO PROMOTE ACCESS TO PAID FAMILY AND MEDICAL LEAVE. (a) Study.--Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall-- (1) complete a study that-- (A) examines the effectiveness of the tax credit for paid family and medical leave authorized under section 45S of the Internal Revenue Code of 1986 (as added by this Act) in terms of-- (i) increasing access to paid family and medical leave among qualifying employees; (ii) promoting the creation of new paid family and medical leave policies among eligible employers; (iii) increasing the generosity of existing paid family and medical leave policies among eligible employers; and (iv) incentivizing employee or employer behavior that might not otherwise have occurred in the absence of the credit; (B) provides recommendations for ways to modify or enhance the tax credit to further promote access to paid family and medical leave for qualifying employees; (C) provides suggestions of alternative policies that Federal and State governments could implement to increase access to paid family and medical leave, particularly among qualifying employees; and (2) prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under paragraph (1) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available via the website of the Government Accountability Office. (b) Prohibition.--In carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers and employees claiming the credit under section 45S of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers or employees beyond what is already required by law.	Strong Families Act This bill amends the Internal Revenue Code to: (1)nbsp. Allow certain employers a business-related tax credit for a specified percentage of the amount of wages paid to their employees during any period in which such employees are onnbsp. Family and medical leave, (2) limit the allowable amount of such credit with respect to any employee to the product of the normal hourly wage rate of such employee for each hour of actual services performed for the employer and the number of hours for which family and medical leave is taken, and (3) terminate such credit five years after the enactment of this bill. The Government Accountability Office shall completenbsp. A study on the effectiveness of the tax credit for paid family and medical leave.	Strong Families Act	13,304	764	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Strong Families Act". <SECTION-HEADER> EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. In General. Allowance of credit. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. Establishment of Credit. In general. For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to the applicable percentage of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. Applicable percentage. For purposes of paragraph , the term `applicable percentage' means 12.5 percent increased by 0.25 percentage points for each percentage point by which the rate of payment (as described under subsection (c)(1)(B)) exceeds 50 percent. Limitation. In general. The credit allowed under subsection (a) with respect to any employee for any taxable year shall not exceed an amount equal to the product of the normal hourly wage rate of such employee for each hour of actual services performed for the employer and the number of hours for which family and medical leave is taken. Non-hourly wage rate. For purposes of paragraph (1), in the case of any employee who is not paid on an hourly wage rate, the wages of such employee shall be prorated to an hourly wage rate under regulations established by the Secretary, in consultation with the Secretary of Labor. Maximum amount of leave subject to credit. The amount of family and medical leave that may be taken into account with respect to any employee under subsection (a) for any taxable year shall not exceed 12 weeks. Eligible Employer. For purposes of this section In general. The term `eligible employer' means any employer who has in place a policy that meets the following requirements: The policy provides in the case of a qualifying employee who is not a part-time employee (as defined in section 4980E(d)(4)(B)), not less than 2 weeks of annual paid family and medical leave, and in the case of a qualifying employee who is a part-time employee, an amount of annual paid family and medical leave that is not less than an amount which bears the same ratio to the amount of annual paid family and medical leave that is provided to a qualifying employee described in clause (i) as the number of hours the employee is expected to work during any week, bears to the number of hours an equivalent qualifying employee described in clause (i) is expected to work during the week. The policy requires that the rate of payment under the program is not less than 50 percent of the wages normally paid to such employee for services performed for the employer. Special rule for certain employers. In general. An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave in compliance with a policy which ensures that the employer will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. Added employer. Added employee. For purposes of this paragraph Added employee. The term `added employee' means a qualifying employee who is not covered by title I of the Family and Medical Leave Act of 1993, as amended. Added employer. The term `added employer' means an eligible employer , whether or not covered by that title I, who offers paid family and medical leave to added employees. Aggregation rule. All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. Treatment of benefits mandated or paid for by state or local governments. For purposes of this section, any leave which is paid by a State or local government or required by State or local law shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. No inference. Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection for failure to comply with the requirements of this subsection. Qualifying Employees. For purposes of this section, the term `qualifying employee' means any employee (as defined in section 3 who has been employed by the employer for 1 year or more, and for the preceding year, had compensation not in excess of an amount equal to 60 percent of the amount applicable for such year under clause (i) of section 414(q)(1)(B). Family and Medical Leave. In general. Except as provided in paragraph (2), for purposes of this section, the term `family and medical leave' means leave for any one or more of the purposes described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, as amended, whether the leave is provided under that Act or by a policy of the employer. Exclusion. If an employer provides paid leave as vacation leave, personal leave, or medical or sick leave (other than leave specifically for one or more of the purposes referred to in paragraph (1)), that paid leave shall not be considered to be family and medical leave under paragraph (1). Definitions. In this subsection, the terms `vacation leave', `personal leave', and `medical or sick leave' mean those 3 types of leave, within the meaning of section 102(d)(2) of that Act. Wages. For purposes of this section, the term `wages' has the meaning given such term by subsection (b) of section 3306 . Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. Election To Have Credit Not Apply. In general. A taxpayer may elect to have this section not apply for any taxable year. Other rules. Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. Termination. This section shall not apply to wages paid in any taxable year beginning after the date which is 5 years after the date of the enactment of the Strong Families Act.". Credit Part of General Business Credit. Section 38(b) of the Internal Revenue Code of 1986 is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph and inserting ", plus", and by adding at the end the following new paragraph: in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a).". Credit Allowed Against AMT. Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (vi) the following new clause: the credit determined under section 45S,". Conforming Amendments. Denial of double benefit. Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting "45S(a)," after "45P(a),". Election to have credit not apply. Section 6501(m) of such Code is amended by inserting "45S(g)," after "45H(g),". Clerical amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Section 45S. Employer credit for paid family and medical leave.". Effective Date. The amendments made by this section shall apply to wages paid in taxable years beginning after the date of the enactment of this Act. <SECTION-HEADER> GAO STUDY OF IMPACT OF TAX CREDIT TO PROMOTE ACCESS TO PAID FAMILY AND MEDICAL LEAVE. Study. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall complete a study that examines the effectiveness of the tax credit for paid family and medical leave authorized under section 45S of the Internal Revenue Code of 1986 in terms of increasing access to paid family and medical leave among qualifying employees. Promoting the creation of new paid family and medical leave policies among eligible employers. Increasing the generosity of existing paid family and medical leave policies among eligible employers. And incentivizing employee or employer behavior that might not otherwise have occurred in the absence of the credit. Provides recommendations for ways to modify or enhance the tax credit to further promote access to paid family and medical leave for qualifying employees. Provides suggestions of alternative policies that Federal and State governments could implement to increase access to paid family and medical leave, particularly among qualifying employees. And prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under paragraph (1) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available via the website of the Government Accountability Office. Prohibition. In carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers and employees claiming the credit under section 45S of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers or employees beyond what is already required by law.	Strong Families Act This bill amends the Internal Revenue Code to: (1)nbsp. Allow certain employers a business-related tax credit for a specified percentage of the amount of wages paid to their employees during any period in which such employees are onnbsp. Family and medical leave, (2) limit the allowable amount of such credit with respect to any employee to the product of the normal hourly wage rate of such employee for each hour of actual services performed for the employer and the number of hours for which family and medical leave is taken, and (3) terminate such credit five years after the enactment of this bill. The Government Accountability Office shall completenbsp. A study on the effectiveness of the tax credit for paid family and medical leave.	Strong Families Act
114_hr4390	SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson-O'Malley Supplemental Indian Education Program Modernization Act''. SEC. 2. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. The Act of April 16, 1934 (25 U.S.C. 452 et seq.) (commonly known as the ``Johnson-O'Malley Act''), is amended by adding at the end the following: ``SEC. 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. ``(a) Definitions.--In this section: ``(1) Elementary school.--The term `elementary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(2) Eligible entity.--The term `eligible entity' means an entity that educates or serves Indian students and is-- ``(A) a tribal organization; ``(B) an Indian corporation; ``(C) a school district; ``(D) a State; or ``(E) a consortium of tribal organizations. ``(3) Eligible indian student.--The term `eligible Indian student' means an Indian student who is eligible under section 273.12 of title 25, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(4) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(5) Secondary school.--The term `secondary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(6) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs. ``(7) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ``(b) Establishment.--The Secretary, in coordination with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts and to monitor and review contractual obligations with eligible entities to provide educational benefits to eligible Indian students. ``(c) Uses of Funds.--An eligible entity that enters into a contract under subsection (b) shall use the funds available under the contract for the educational benefit of eligible Indian students-- ``(1) to establish and carry out programs, or to expand and carry out programs in existence before the period of time covered by the contract, to provide-- ``(A) remedial instruction, counseling, and cultural programs; ``(B) courses related to science, technology, engineering, and mathematics; ``(C) school supplies and other items that enable students to participate in curricular and extra- curricular programs; or ``(D) activities that were available to Indian students under contracts entered into under this Act before October 1, 2012; ``(2) to establish targeted, culturally sensitive, dropout prevention activities; and ``(3) to purchase equipment to facilitate-- ``(A) training for professional trade skills; and ``(B) intensified college preparation programs. ``(d) Computation of Awards.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall base the amount that an eligible entity receives under a contract entered into under subsection (b) for any fiscal year on the number of eligible Indian students of the eligible entity, as determined by the Secretary under paragraph (2). ``(2) Determination of number of eligible indian students.-- ``(A) In general.--The Secretary shall determine the number of eligible Indian students of an eligible entity in accordance with this paragraph. ``(B) Initial determination.--Not later than 1 year after the date of enactment of this section, the Secretary shall publish a report describing the number of potentially eligible Indian students of each eligible entity, using data described in subparagraph (D) from, as determined by the Secretary, the most applicable, accurate, and current of-- ``(i) the Bureau of the Census; or ``(ii) the National Center for Education Statistics. ``(C) Reconciliation.--After publishing the report under subparagraph (B), the Secretary, in coordination with the Director of the Bureau of Indian Education, shall consult with entities party to a contract under subsection (b)-- ``(i) to establish a process to reconcile the data described in the report published under subparagraph (B) with-- ``(I) data described in subparagraph (D) of entities party to a contract under subsection (b); and ``(II) tribal enrollment information; and ``(ii) to determine an accurate number of eligible Indian students of each eligible entity. ``(D) Data use.-- ``(i) In general.--Subject to clause (ii), the Secretary shall use data from not earlier than the fiscal year preceding the fiscal year for which an eligible entity is applying for a contract under subsection (b) to determine the number of eligible Indian students. ``(ii) New contractors.--To determine the number of eligible Indian students of an entity party to a contract under subsection (b) that the Secretary recognized as an eligible entity during or after fiscal year 2012, the Secretary shall, for the first year of the period of time covered by the contract, use data of the school districts served by the entity for the fiscal year for which the entity is applying for a contract under subsection (b). ``(3) Hold harmless.--An eligible entity that educates or serves eligible Indian students attending a public school that has been afforded supplemental services under a contract under this Act that took effect during or before fiscal year 1995 shall receive an amount under a contract entered into under subsection (b) equal to or greater than the amount that the eligible entity would have received under the contract entered into under this Act during or before fiscal year 1995, for a period of time ending not sooner than 2 years after the date of enactment of this section. ``(4) Funding reform.--The Secretary shall submit to Congress recommendations for legislation to provide resources to restore the amount of funds available through contracts under this Act per Indian student to the amount of funds available through contracts under this Act per Indian student during fiscal year 1995. ``(e) Additional Considerations.-- ``(1) Geographic coverage and enhanced participation.--In entering into contracts under subsection (b), the Secretary shall, to the maximum extent practicable, ensure-- ``(A) full geographic coverage; and ``(B) the full participation of eligible entities. ``(2) Increased participation of eligible entities.--To the maximum extent practicable, the Secretary shall-- ``(A) contact and consult with Indian tribes and school districts with significant populations of eligible Indian students that have not previously contracted under this Act; and ``(B) determine the interest in and eligibility for administering services under this Act of the Indian tribes and school districts described in subparagraph (A). ``(3) Complementary program participants.--In entering into contracts under subsection (b), the Secretary may give preference to a consortium of tribal organizations, including a consortium of tribal organizations that includes a Tribal College or University, to encourage as many students and professionals as possible to benefit from the program established under subsection (b). ``(f) Annual Report.--The Secretary shall include in the budget request of the Department of the Interior for each fiscal year an annual assessment of the program established under subsection (b). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.	Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either a tribal organization, an Indian corporation, a school district, a state, or a consortium of tribal organizations. An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities, (2) establish targeted, culturally sensitive, dropout prevention activities. And (3) purchase equipment to facilitate training in trade skills and college preparation. In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity. With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities.	Johnson-O'Malley Supplemental Indian Education Program Modernization Act	9,930	1,117	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Johnson-O'Malley Supplemental Indian Education Program Modernization Act". <SECTION-HEADER> SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. The Act of April 16, 1934 , is amended by adding at the end the following: "Section 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. Definitions. In this section: Elementary school. The term `elementary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. Eligible entity. The term `eligible entity' means an entity that educates or serves Indian students and is a tribal organization, an Indian corporation, a school district, a State. Or a consortium of tribal organizations. Eligible indian student. The term `eligible Indian student' means an Indian student who is eligible under section 273.12 of title 25, Code of Federal Regulations . Indian tribe. The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act . Secondary school. The term `secondary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. Secretary. The term `Secretary' means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs. Tribal college or university. The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 USC. 1059c(b)). Establishment. The Secretary, in coordination with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts and to monitor and review contractual obligations with eligible entities to provide educational benefits to eligible Indian students. Uses of Funds. An eligible entity that enters into a contract under subsection (b) shall use the funds available under the contract for the educational benefit of eligible Indian students to establish and carry out programs, or to expand and carry out programs in existence before the period of time covered by the contract, to provide remedial instruction, counseling, and cultural programs, courses related to science, technology, engineering, and mathematics. School supplies and other items that enable students to participate in curricular and extra- curricular programs. Or activities that were available to Indian students under contracts entered into under this Act before October 1, 2012, to establish targeted, culturally sensitive, dropout prevention activities. And to purchase equipment to facilitate training for professional trade skills. And intensified college preparation programs. Computation of Awards. In general. Except as provided in paragraph (3), the Secretary shall base the amount that an eligible entity receives under a contract entered into under subsection (b) for any fiscal year on the number of eligible Indian students of the eligible entity, as determined by the Secretary under paragraph (2). Determination of number of eligible indian students. In general. The Secretary shall determine the number of eligible Indian students of an eligible entity in accordance with this paragraph. Initial determination. Not later than 1 year after the date of enactment of this section, the Secretary shall publish a report describing the number of potentially eligible Indian students of each eligible entity, using data described in subparagraph from, as determined by the Secretary, the most applicable, accurate, and current of the Bureau of the Census. Or the National Center for Education Statistics. Reconciliation. After publishing the report under subparagraph (B), the Secretary, in coordination with the Director of the Bureau of Indian Education, shall consult with entities party to a contract under subsection (b) to establish a process to reconcile the data described in the report published under subparagraph (B) with data described in subparagraph (D) of entities party to a contract under subsection (b), and tribal enrollment information. And to determine an accurate number of eligible Indian students of each eligible entity. Data use. In general. Subject to clause (ii), the Secretary shall use data from not earlier than the fiscal year preceding the fiscal year for which an eligible entity is applying for a contract under subsection (b) to determine the number of eligible Indian students. New contractors. To determine the number of eligible Indian students of an entity party to a contract under subsection (b) that the Secretary recognized as an eligible entity during or after fiscal year 2012, the Secretary shall, for the first year of the period of time covered by the contract, use data of the school districts served by the entity for the fiscal year for which the entity is applying for a contract under subsection (b). Hold harmless. An eligible entity that educates or serves eligible Indian students attending a public school that has been afforded supplemental services under a contract under this Act that took effect during or before fiscal year 1995 shall receive an amount under a contract entered into under subsection (b) equal to or greater than the amount that the eligible entity would have received under the contract entered into under this Act during or before fiscal year 1995, for a period of time ending not sooner than 2 years after the date of enactment of this section. Funding reform. The Secretary shall submit to Congress recommendations for legislation to provide resources to restore the amount of funds available through contracts under this Act per Indian student to the amount of funds available through contracts under this Act per Indian student during fiscal year 1995. Additional Considerations. Geographic coverage and enhanced participation. In entering into contracts under subsection (b), the Secretary shall, to the maximum extent practicable, ensure full geographic coverage. And the full participation of eligible entities. Increased participation of eligible entities. To the maximum extent practicable, the Secretary shall contact and consult with Indian tribes and school districts with significant populations of eligible Indian students that have not previously contracted under this Act. And determine the interest in and eligibility for administering services under this Act of the Indian tribes and school districts described in subparagraph . Complementary program participants. In entering into contracts under subsection (b), the Secretary may give preference to a consortium of tribal organizations, including a consortium of tribal organizations that includes a Tribal College or University, to encourage as many students and professionals as possible to benefit from the program established under subsection (b). Annual Report. The Secretary shall include in the budget request of the Department of the Interior for each fiscal year an annual assessment of the program established under subsection (b). Authorization of Appropriations. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.".	Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either a tribal organization, an Indian corporation, a school district, a state, or a consortium of tribal organizations. An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities, (2) establish targeted, culturally sensitive, dropout prevention activities. And (3) purchase equipment to facilitate training in trade skills and college preparation. In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity. With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities.	Johnson-O'Malley Supplemental Indian Education Program Modernization Act
111_s1732	SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Hawaiian and Other Pacific Islander Health Data Act of 2009''. SEC. 2. NATIVE HAWAIIANS AND OTHER PACIFIC ISLANDER HEALTH DATA. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA. ``(a) Definitions.--In this section: ``(1) Community group.--The term `community group' means a group of NHOPI who are organized at the community level, and may include a church group, social service group, national advocacy organization, or cultural group. ``(2) Nonprofit, nongovernmental organization.--The term `nonprofit, nongovernmental organization' means a group of NHOPI with a demonstrated history of addressing NHOPI issues, including a NHOPI coalition. ``(3) Designated organization.--The term `designated organization' means an entity established to represent NHOPI populations and which has statutory responsibilities to provide, or has community support for providing, health care. ``(4) Government representatives.--The term `government representatives' means representatives from Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(5) Native hawaiians and other pacific islanders or nhopi.--The term `Native Hawaiians and Other Pacific Islanders' or `NHOPI' means people having origins in any of the original peoples of American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, Hawai`i, the Republic of the Marshall Islands, the Republic of Palau, or any other Pacific Island. ``(6) Insular area.--The term `insular area' means Guam, the Commonwealth of Northern Mariana Islands, American Samoa, the United States Virgin Islands, the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands. ``(b) National Strategy.-- ``(1) In general.--The Secretary, acting through the Director of the National Center for Health Statistics (referred to in this section as `NCHS') of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(2) Consultation.--In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary-- ``(A) shall consult with representatives of community groups, designated organizations, and nonprofit, nongovernmental organizations and with government representatives of NHOPI populations; and ``(B) may solicit the participation of representatives from other Federal departments. ``(c) Preliminary Health Survey.-- ``(1) In general.--The Secretary, acting through the Director of NCHS, shall conduct a preliminary health survey in order to identify the major areas and regions in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands in which NHOPI people reside. ``(2) Contents.--The health survey described in paragraph (1) shall include health data and any other data the Secretary determines to be-- ``(A) useful in determining health status and health care needs; or ``(B) required for developing or implementing a national strategy. ``(3) Methodology.--Methodology for the health survey described in paragraph (1), including plans for designing questions, implementation, sampling, and analysis, shall be developed in consultation with community groups, designated organizations, nonprofit, nongovernmental organizations, and government representatives of NHOPI populations, as determined by the Secretary. ``(4) Timeframe.--The survey required under this subsection shall be completed not later than 18 months after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009. ``(d) Progress Report.--Not later than 2 years after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall submit to Congress a progress report, which shall include the national strategy described in subsection (b)(1). ``(e) Study and Report by the IOM.-- ``(1) In general.--The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study, with input from stakeholders in insular areas, on the following: ``(A) The standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions. ``(B) The status and performance of health care systems in insular areas, evaluated based upon standards and definitions, as the Secretary determines. ``(C) The effectiveness of donor aid in addressing health care needs and priorities in insular areas. ``(D) The progress toward implementation of recommendations of the Committee on Health Care Services in the United States-Associated Pacific Basin of the Institute of Medicine that are set forth in the 1998 report, `Pacific Partnerships for Health: Charting a New Course for the 21st Century'. ``(2) Report.--An agreement described in paragraph (1) shall require the Institute of Medicine to submit to the Secretary and to Congress, not later than 2 years after the date of the enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, a report containing a description of the results of the study conducted under paragraph (1), including the conclusions and recommendations of the Institute of Medicine for each of the items described in subparagraphs (A) through (D) of such paragraph. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2015.''.	Native Hawaiian and Other Pacific Islander Health Data Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. And (2) conduct a preliminary health survey to identify the major regions of such areas in which NHOPI people reside, including data the Secretary determines to be useful in determining health status and health care needs or required for developing or implementing the national strategy. Directs the Secretary to enter into an agreement with the Institute of Medicine to conduct a study on: (1) the standards and definitions of health care applied to health care systems in Guam, the Northern Mariana Islands, American Samoa, the U,S. Virgin Islands, Micronesia, Palau, or the Marshall Islands. (2) the status and performance of health care systems in such areas. (3) the effectiveness of donor aid in addressing health care needs and priorities in such areas. And (4) progress toward implementing recommendations of the Institute's Committee on Health Care Services in the United States-Associated Pacific Basin that are set forth in the 1998 report, Pacific Partnerships for Health, Charting a New Course for the 21st Century.	A bill to amend the Public Health Service Act to provide for health data regarding Native Hawaiians and other Pacific Islanders.	7,713	1,582	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Native Hawaiian and Other Pacific Islander Health Data Act of 2009". <SECTION-HEADER> NATIVE HAWAIIANS AND OTHER PACIFIC ISLANDER HEALTH DATA. Part B of title III of the Public Health Service Act is amended by inserting after section 317T the following: "Section 317U. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA. Definitions. In this section: Community group. The term `community group' means a group of NHOPI who are organized at the community level, and may include a church group, social service group, national advocacy organization, or cultural group. Nonprofit, nongovernmental organization. The term `nonprofit, nongovernmental organization' means a group of NHOPI with a demonstrated history of addressing NHOPI issues, including a NHOPI coalition. Designated organization. The term `designated organization' means an entity established to represent NHOPI populations and which has statutory responsibilities to provide, or has community support for providing, health care. Government representatives. The term `government representatives' means representatives from Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. Native hawaiians and other pacific islanders or nhopi. The term `Native Hawaiians and Other Pacific Islanders' or `NHOPI' means people having origins in any of the original peoples of American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, Hawai`i, the Republic of the Marshall Islands, the Republic of Palau, or any other Pacific Island. Insular area. The term `insular area' means Guam, the Commonwealth of Northern Mariana Islands, American Samoa, the United States Virgin Islands, the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands. National Strategy. In general. The Secretary, acting through the Director of the National Center for Health Statistics of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. Consultation. In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall consult with representatives of community groups, designated organizations, and nonprofit, nongovernmental organizations and with government representatives of NHOPI populations. And may solicit the participation of representatives from other Federal departments. Preliminary Health Survey. In general. The Secretary, acting through the Director of NCHS, shall conduct a preliminary health survey in order to identify the major areas and regions in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands in which NHOPI people reside. Contents. The health survey described in paragraph shall include health data and any other data the Secretary determines to be useful in determining health status and health care needs. Or required for developing or implementing a national strategy. Methodology. Methodology for the health survey described in paragraph (1), including plans for designing questions, implementation, sampling, and analysis, shall be developed in consultation with community groups, designated organizations, nonprofit, nongovernmental organizations, and government representatives of NHOPI populations, as determined by the Secretary. Timeframe. The survey required under this subsection shall be completed not later than 18 months after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009. Progress Report. Not later than 2 years after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall submit to Congress a progress report, which shall include the national strategy described in subsection (1). Study and Report by the IOM. In general. The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study, with input from stakeholders in insular areas, on the following: The standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions. The status and performance of health care systems in insular areas, evaluated based upon standards and definitions, as the Secretary determines. The effectiveness of donor aid in addressing health care needs and priorities in insular areas. The progress toward implementation of recommendations of the Committee on Health Care Services in the United States-Associated Pacific Basin of the Institute of Medicine that are set forth in the 1998 report, `Pacific Partnerships for Health: Charting a New Course for the 21st Century'. Report. An agreement described in paragraph (1) shall require the Institute of Medicine to submit to the Secretary and to Congress, not later than 2 years after the date of the enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, a report containing a description of the results of the study conducted under paragraph (1), including the conclusions and recommendations of the Institute of Medicine for each of the items described in subparagraphs (A) through (D) of such paragraph. Authorization of Appropriations. To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2015.".	Native Hawaiian and Other Pacific Islander Health Data Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. And (2) conduct a preliminary health survey to identify the major regions of such areas in which NHOPI people reside, including data the Secretary determines to be useful in determining health status and health care needs or required for developing or implementing the national strategy. Directs the Secretary to enter into an agreement with the Institute of Medicine to conduct a study on: (1) the standards and definitions of health care applied to health care systems in Guam, the Northern Mariana Islands, American Samoa, the U,S. Virgin Islands, Micronesia, Palau, or the Marshall Islands. (2) the status and performance of health care systems in such areas. (3) the effectiveness of donor aid in addressing health care needs and priorities in such areas. And (4) progress toward implementing recommendations of the Institute's Committee on Health Care Services in the United States-Associated Pacific Basin that are set forth in the 1998 report, Pacific Partnerships for Health, Charting a New Course for the 21st Century.	A bill to amend the Public Health Service Act to provide for health data regarding Native Hawaiians and other Pacific Islanders.
115_hr5606	SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The evidence for human-induced climate change is overwhelming and undeniable. (2) Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation. (3) Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action. (4) Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment. (5) Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures. (6) More than 3,000,000 students graduate from high schools and colleges each year, armed with attitudes, skills, and knowledge about the climate that inform their actions. (7) The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime. (8) Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate. (9) It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States. (10) Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. SEC. 3. DEFINITIONS. In this Act: (1) Climate change education.--The term ``climate change education'' means informal and formal interdisciplinary learning at all age levels about-- (A) climate change, climate adaptation and mitigation, and climate resilience; and (B) the effects of climate change, climate adaptation and mitigation, and climate resilience on the environmental, energy, social, and economic systems of the United States. (2) Green collar job.--The term ``green collar job'' means a job-- (A) in a business that produces goods or provides services that benefit the environment or conserve natural resources; or (B) in which the duties of the worker involve making the production processes of the employer more environmentally friendly or use fewer natural resources. (3) Green economy.--The term ``green economy'' means an economy that results in improved human well-being and social equity by significantly reducing environmental risks and ecological scarcities. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM. The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to-- (1) increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences and potential solutions; (2) apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and informal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and (3) emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. SEC. 5. GRANT PROGRAM. (a) In General.--As part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants-- (1) to States to encourage and support plans and programs for kindergarten through grade 12 formal and informal climate change education-- (A) to ensure that students graduate from high school with high climate literacy, including-- (i) relevant teacher training and professional development; (ii) science, technology, engineering, arts and design, and mathematics education; and (iii) interdisciplinary studies; and (B) with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State educational agencies in partnership with local educational agencies and local nonprofit organizations to-- (i) integrate key principles of climate change education into existing kindergarten through grade 12 State academic content standards, student academic achievement standards, or State curriculum frameworks; (ii) create model State climate change curricula; (iii) develop and implement State teacher training programs; and (iv) support secondary school preparation or work-based experiences in green collar jobs; (2) to institutions of higher education to-- (A) improve the quality of and access to training, certification, and higher education for green collar jobs in the future green economy, such as green construction, design, technology, health, engineering, business, and policy studies, including sustainability science, and with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education; and (B) engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with a priority focus on communities impacted by climate change; and (3) to professional associations for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields. (b) Climate Change Education Office.--There shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, a Climate Change Education Office to administer the grant program required by subsection (a). SEC. 6. REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2019 through 2024 to carry out this Act.	Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions. Apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages. And help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education.	Climate Change Education Act	9,416	788	<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Climate Change Education Act". <SECTION-HEADER> FINDINGS. Congress makes the following findings: The evidence for human-induced climate change is overwhelming and undeniable. Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation. Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action. Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment. Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures. More than 3,000,000 students graduate from high schools and colleges each year, armed with attitudes, skills, and knowledge about the climate that inform their actions. The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime. Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate. It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States. Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. <SECTION-HEADER> DEFINITIONS. In this Act: Climate change education. The term "climate change education" means informal and formal interdisciplinary learning at all age levels about climate change, climate adaptation and mitigation, and climate resilience. And the effects of climate change, climate adaptation and mitigation, and climate resilience on the environmental, energy, social, and economic systems of the United States. Green collar job. The term "green collar job" means a job in a business that produces goods or provides services that benefit the environment or conserve natural resources. Or in which the duties of the worker involve making the production processes of the employer more environmentally friendly or use fewer natural resources. Green economy. The term "green economy" means an economy that results in improved human well-being and social equity by significantly reducing environmental risks and ecological scarcities. Institution of higher education. The term "institution of higher education" has the meaning given the term in section 102 of the Higher Education Act of 1965 . Local educational agency. State educational agency. The terms "local educational agency" and "State educational agency" have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 . Nonprofit organization. The term "nonprofit organization" means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. <SECTION-HEADER> CLIMATE CHANGE EDUCATION PROGRAM. The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences and potential solutions. Apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and informal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds. And emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. <SECTION-HEADER> GRANT PROGRAM. In General. As part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants to States to encourage and support plans and programs for kindergarten through grade 12 formal and informal climate change education to ensure that students graduate from high school with high climate literacy, including relevant teacher training and professional development, science, technology, engineering, arts and design, and mathematics education, and interdisciplinary studies. And with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State educational agencies in partnership with local educational agencies and local nonprofit organizations to integrate key principles of climate change education into existing kindergarten through grade 12 State academic content standards, student academic achievement standards, or State curriculum frameworks, create model State climate change curricula, develop and implement State teacher training programs. And support secondary school preparation or work-based experiences in green collar jobs. To institutions of higher education to improve the quality of and access to training, certification, and higher education for green collar jobs in the future green economy, such as green construction, design, technology, health, engineering, business, and policy studies, including sustainability science, and with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education. And engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with a priority focus on communities impacted by climate change. And to professional associations for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields. Climate Change Education Office. There shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, a Climate Change Education Office to administer the grant program required by subsection (a). <SECTION-HEADER> REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2019 through 2024 to carry out this Act.	Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions. Apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages. And help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education.	Climate Change Education Act

107_hr646

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Communications Commission Reform Act''. SEC. 2. ESTABLISHMENT. There is established the Commission to Study the Structure and Reauthorization of the Federal Communications Commission (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall study and report on the organizational structure of the Federal Communications Commission, with an emphasis on determining-- (1) whether that structure should be changed to reflect the current state of telecommunications, including the rise of the Internet; and (2) whether there should be a reduction in the number of commissioners. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 7 members, appointed as follows: (1) 2 members appointed by the Speaker of the House of Representatives in consultation with the Chairman of the Committee on Commerce of the House of Representatives and in accordance with subsection (c). (2) 2 members appointed by the majority leader of the Senate in consultation with the Chairman of the Committee on Commerce, Science, and Transportation of the Senate and in accordance with subsection (c). (3) 2 members appointed by the minority leader of the House of Representatives in consultation with the ranking minority member of the Committee on Commerce of the House of Representatives. (4) 1 member appointed by the Chairman and ranking minority member of the Committee on Commerce of the House of Representatives acting jointly. (b) Appointments Deadline.--All appointments under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. (c) Appointments of Former Commissioners.--The Speaker of the House of Representatives and the majority leader of the Senate shall each, under subsection (a), appoint as a member of the Commission at least 1 former commissioner of the Federal Communications Commission. (d) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.-- (1) Rates of pay.--Members shall receive no pay for their service on the Commission. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--4 members shall constitute a quorum, but a lesser number may hold hearings. SEC. 5. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Obtaining Official Data.-- (1) In general.--Subject to section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, and section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of such a department or agency shall furnish that information to the Commission. (2) Interviews.--Each commissioner of the Federal Communications Commission shall, upon request of the Commission, provide the Commission a reasonable opportunity to interview such commissioner for the purpose of facilitating the work of the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) General Accounting Office Assistance.--Upon the request of the Commission, the Comptroller General of the United States shall assist the Commission in carrying out this Act. (h) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies and other services. SEC. 6. REPORT. Not later than 6 months after the date of the enactment of this Act, the Commission shall transmit to the Congress a report on the findings and conclusions of the Commission. SEC. 7. TERMINATION. The Commission shall terminate upon transmission of the report required by section 6.

Federal Communications Commission Reform Act - Establishes the Commission to Study the Structure and Reauthorization of the Federal Communications Commission to study and report to Congress on the Commission's organizational structure with an emphasis on determining: (1) whether that structure should be changed to reflect the current state of telecommunications. And (2) whether there should be a reduction in the number of commissioners.

To establish the Commission to Study the Structure and Reauthorization of the Federal Communications Commission.

5,613

440

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Communications Commission Reform Act". <SECTION-HEADER> ESTABLISHMENT. There is established the Commission to Study the Structure and Reauthorization of the Federal Communications Commission . <SECTION-HEADER> DUTIES OF COMMISSION. The Commission shall study and report on the organizational structure of the Federal Communications Commission, with an emphasis on determining whether that structure should be changed to reflect the current state of telecommunications, including the rise of the Internet. And whether there should be a reduction in the number of commissioners. <SECTION-HEADER> MEMBERSHIP. Number and Appointment. The Commission shall be composed of 7 members, appointed as follows: 2 members appointed by the Speaker of the House of Representatives in consultation with the Chairman of the Committee on Commerce of the House of Representatives and in accordance with subsection (c). 2 members appointed by the majority leader of the Senate in consultation with the Chairman of the Committee on Commerce, Science, and Transportation of the Senate and in accordance with subsection (c). 2 members appointed by the minority leader of the House of Representatives in consultation with the ranking minority member of the Committee on Commerce of the House of Representatives. 1 member appointed by the Chairman and ranking minority member of the Committee on Commerce of the House of Representatives acting jointly. Appointments Deadline. All appointments under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. Appointments of Former Commissioners. The Speaker of the House of Representatives and the majority leader of the Senate shall each, under subsection (a), appoint as a member of the Commission at least 1 former commissioner of the Federal Communications Commission. Terms. In general. Each member shall be appointed for the life of the Commission. Vacancies. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Basic Pay. Rates of pay. Members shall receive no pay for their service on the Commission. Travel expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. Quorum. 4 members shall constitute a quorum, but a lesser number may hold hearings. <SECTION-HEADER> POWERS OF COMMISSION. Hearings and Sessions. The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Powers of Members and Agents. Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. Obtaining Official Data. In general. Subject to section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, and section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of such a department or agency shall furnish that information to the Commission. Interviews. Each commissioner of the Federal Communications Commission shall, upon request of the Commission, provide the Commission a reasonable opportunity to interview such commissioner for the purpose of facilitating the work of the Commission. Gifts, Bequests, and Devises. The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of facilitating the work of the Commission. Mails. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. Administrative Support Services. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. General Accounting Office Assistance. Upon the request of the Commission, the Comptroller General of the United States shall assist the Commission in carrying out this Act. Contract Authority. The Commission may contract with and compensate government and private agencies or persons for supplies and other services. <SECTION-HEADER> REPORT. Not later than 6 months after the date of the enactment of this Act, the Commission shall transmit to the Congress a report on the findings and conclusions of the Commission. <SECTION-HEADER> TERMINATION. The Commission shall terminate upon transmission of the report required by section 6.

Federal Communications Commission Reform Act - Establishes the Commission to Study the Structure and Reauthorization of the Federal Communications Commission to study and report to Congress on the Commission's organizational structure with an emphasis on determining: (1) whether that structure should be changed to reflect the current state of telecommunications. And (2) whether there should be a reduction in the number of commissioners.

To establish the Commission to Study the Structure and Reauthorization of the Federal Communications Commission.

107_hr2394

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel and National Security Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Domestic steel capacity is an essential part of the domestic industrial and technological base, as described in Executive Order Numbered 12919. (2) Executive Order Numbered 12919-- (A) designates the Nation's domestic industrial and technological base as the foundation for national defense preparedness; and (B) directs that authority provided under the Defense Production Act of 1950 be used to strengthen the domestic industrial and technological base to ensure that such base is capable of responding to all threats to the national security of the United States. (3) The influx of cheap imported steel illegally dumped on the United States has brought about a crisis in the United States' steel industry that threatens the viability of domestic steel production. SEC. 3. PRODUCTIVE CAPACITY AND SUPPLY. (a) Authorization of Appropriation.--Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended to read as follows: ``(b) Title III Authorization.-- ``(1) In general.--There are authorized to be appropriated for each of fiscal years 2002, 2003, and 2004 not to exceed $1,000,000,000. ``(2) Purchase commitments.--Not less than 50 percent of the amount appropriated under paragraph (1) for any fiscal year is authorized to be appropriated solely for purchase commitments.''. (b) National Defense Preparedness Domestic Industrial Base Board.-- Title III of the Defense Production Act of 1950 (50 U.S.C. App. 2091 et seq.) is amended by adding at the end the following new section: ``SEC. 311. NATIONAL DEFENSE PREPAREDNESS DOMESTIC INDUSTRIAL BASE BOARD. ``(a) Establishment.--There is hereby established a board to be known as the National Defense Preparedness Domestic Industrial Base Board (hereafter in this section referred to as the `Board'). ``(b) Membership.-- ``(1) Number and appointment.--The Board shall consist of 5 members appointed by the President, from among individuals who-- ``(A) are or have been affiliated with the Department of Defense or a military department (as defined in section 101 of title 10, United States Code; and ``(B) have experience preparing the United States for a national security emergency or managing the development and acquisition of weapons or other defense products. ``(2) Political affiliation.--Not more than 3 members may be of the same political party. ``(3) Terms.-- ``(A) In general.--Each member shall be appointed a term of 5 years, except as provided in subparagraphs (A) and (B) ``(B) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- ``(i) 1 shall be appointed for a term of 5 years; ``(ii) 1 shall be appointed for a term of 4 years; ``(iii) 1 shall be appointed for a term of 3 years; ``(iv) 1 shall be appointed for a term of 2 years; and ``(v) 1 shall be appointed for a term of 1 year. ``(4) Vacancies.-- ``(A) Appointment for balance of term.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. ``(B) Continuation of service.--A member may serve after the expiration of that member's term until a successor has taken office. ``(C) Appointment to vacancy.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. ``(5) Prohibition of compensation of federal employees.-- Members of the Board who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. ``(6) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. ``(7) Quorum.--3 members of the Board shall constitute a quorum but a lesser number may hold hearings. ``(c) Chairperson.--The Chairperson of the Board shall be designated by the President at the time of the appointment. ``(d) Duties.-- ``(1) In general.--The Board shall take such action as may be necessary to ensure uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. ``(2) One-time en masse purchases.-- ``(A) In general.--The Board may, in the Board's discretion, purchase domestic products, materials, or industrial resources from a domestic concern that is at risk of bankruptcy and whose failure would threaten a critical industry for national security, including the steel industry, in which such concern is involved. ``(B) Storage for use.--Any product or material purchased by the Board under subparagraph (A) shall be kept in storage for use in the event of a national emergency, in accordance with the Strategic and Critical Materials Stock Piling Act, or as the Secretary of Defense or the Secretary of Energy may otherwise provide. ``(3) Study and monitor critical industries.--The Board shall study and monitor critical industries, including the steel industry, for national security and domestic concerns involved in any such industry to determine which are in danger of failing or otherwise losing the capacity to provide for national security. ``(4) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Domestic concern.--The term `domestic concern' has the same meaning given in section 104(h)(1) of the Foreign Corrupt Practices Act of 1977. ``(B) Domestic product, material, or industrial resource.--The term `domestic products, materials, or industrial resources' means-- ``(i) in the case of unmanufactured products, materials, or industrial resources, products, materials, or resources all or substantially all of which were mined or produced in the United States; and ``(ii) in the case of manufactured or processed products, materials and industrial resources-- ``(I) all or substantially all of the component products, materials, or resources were mined or produced in the United States; and ``(II) all or substantially all of the manufacturing, processing, fabrication, or assembly of such product, material or resource was conducted within the United States. ``(e) Powers of the Board.-- ``(1) Hearings and sessions.-- ``(A) In general.--The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate. ``(B) Oaths and affirmations.--The Board may administer oaths or affirmations to witnesses appearing before it. ``(2) Obtaining official data.-- ``(A) In general.--Notwithstanding any other provision of law, the Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. ``(B) Request for information.--Upon request of the Chairperson of the Board, the head of the department or agency receiving the request for information under subparagraph (A) shall furnish that information to the Board. ``(3) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. ``(4) Administrative support services.--Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out this section. ``(f) Staff.-- ``(1) Appointment.--The Board may appoint and fix the pay of a Director and such additional personnel as the Board considers appropriate. ``(2) Experts and consultants.--The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(3) Staff of federal agencies.--Upon request of the Board, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist the Board in carrying out this section.''. SEC. 4. MANDATORY REVIEW OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF DOMESTIC STEEL COMPANIES BY FOREIGN COMPANIES. Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(b)) is amended by inserting before the period at the end of the 1st sentence ``or in any instance in which a person of a foreign country (as defined in section 3502(d) of the Omnibus Trade and Competitiveness Act of 1988) seeks to engage in any merger, acquisition, or takeover that could result in the control by such person of a domestic steel company''. SEC. 5. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950. Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking ``September 30, 2001'' and inserting ``September 30, 2004''.

Steel and National Security Act - Amends the Defense Production Act of 1950 to extend through FY 2004: (1) the authorization of appropriations for domestic industrial and technological productive capacity and supply, requiring no less than 50 percent of amounts appropriated to be used solely for purchase commitments. And (2) the authority of such Act. Establishes the National Defense Preparedness Domestic Industrial Base Board to: (1) undertake necessary actions to ensure the uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. And (2) study and monitor critical industries, including steel, to determine which are in danger of failing or otherwise losing the capacity to provide for national security. Requires mandatory review of any merger, acquisition, or takeover of any domestic steel company by a foreign person.

To amend the Defense Production Act of 1950 to establish the National Defense Preparedness Domestic Industrial Base Board, and for other purposes.

11,684

933

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Steel and National Security Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: Domestic steel capacity is an essential part of the domestic industrial and technological base, as described in Executive Order Numbered 12919. Executive Order Numbered 12919 designates the Nation's domestic industrial and technological base as the foundation for national defense preparedness. And directs that authority provided under the Defense Production Act of 1950 be used to strengthen the domestic industrial and technological base to ensure that such base is capable of responding to all threats to the national security of the United States. The influx of cheap imported steel illegally dumped on the United States has brought about a crisis in the United States' steel industry that threatens the viability of domestic steel production. <SECTION-HEADER> PRODUCTIVE CAPACITY AND SUPPLY. Authorization of Appropriation. Section 711(b) of the Defense Production Act of 1950 (50 USC. App. 2161(b)) is amended to read as follows: Title III Authorization. In general. There are authorized to be appropriated for each of fiscal years 2002, 2003, and 2004 not to exceed $1,000,000,000. Purchase commitments. Not less than 50 percent of the amount appropriated under paragraph (1) for any fiscal year is authorized to be appropriated solely for purchase commitments.". National Defense Preparedness Domestic Industrial Base Board. Title III of the Defense Production Act of 1950 is amended by adding at the end the following new section: "Section 311. NATIONAL DEFENSE PREPAREDNESS DOMESTIC INDUSTRIAL BASE BOARD. Establishment. There is hereby established a board to be known as the National Defense Preparedness Domestic Industrial Base Board . Membership. Number and appointment. The Board shall consist of 5 members appointed by the President, from among individuals who are or have been affiliated with the Department of Defense or a military department (as defined in section 101 of title 10, United States Code. And have experience preparing the United States for a national security emergency or managing the development and acquisition of weapons or other defense products. Political affiliation. Not more than 3 members may be of the same political party. Terms. In general. Each member shall be appointed a term of 5 years, except as provided in subparagraphs and (B) Terms of initial appointees. As designated by the President at the time of appointment, of the members first appointed 1 shall be appointed for a term of 5 years, 1 shall be appointed for a term of 4 years, 1 shall be appointed for a term of 3 years, 1 shall be appointed for a term of 2 years. And 1 shall be appointed for a term of 1 year. Vacancies. Appointment for balance of term. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. Continuation of service. A member may serve after the expiration of that member's term until a successor has taken office. Appointment to vacancy. A vacancy in the Board shall be filled in the manner in which the original appointment was made. Prohibition of compensation of federal employees. Members of the Board who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Board. Travel expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. Quorum. 3 members of the Board shall constitute a quorum but a lesser number may hold hearings. Chairperson. The Chairperson of the Board shall be designated by the President at the time of the appointment. Duties. In general. The Board shall take such action as may be necessary to ensure uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. One-time en masse purchases. In general. The Board may, in the Board's discretion, purchase domestic products, materials, or industrial resources from a domestic concern that is at risk of bankruptcy and whose failure would threaten a critical industry for national security, including the steel industry, in which such concern is involved. Storage for use. Any product or material purchased by the Board under subparagraph (A) shall be kept in storage for use in the event of a national emergency, in accordance with the Strategic and Critical Materials Stock Piling Act, or as the Secretary of Defense or the Secretary of Energy may otherwise provide. Study and monitor critical industries. The Board shall study and monitor critical industries, including the steel industry, for national security and domestic concerns involved in any such industry to determine which are in danger of failing or otherwise losing the capacity to provide for national security. Definitions. For purposes of this subsection, the following definitions shall apply: Domestic concern. The term `domestic concern' has the same meaning given in section 104(h)(1) of the Foreign Corrupt Practices Act of 1977. Domestic product, material, or industrial resource. The term `domestic products, materials, or industrial resources' means in the case of unmanufactured products, materials, or industrial resources, products, materials, or resources all or substantially all of which were mined or produced in the United States. And in the case of manufactured or processed products, materials and industrial resources all or substantially all of the component products, materials, or resources were mined or produced in the United States. And all or substantially all of the manufacturing, processing, fabrication, or assembly of such product, material or resource was conducted within the United States. Powers of the Board. Hearings and sessions. In general. The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Board considers appropriate. Oaths and affirmations. The Board may administer oaths or affirmations to witnesses appearing before it. Obtaining official data. In general. Notwithstanding any other provision of law, the Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Request for information. Upon request of the Chairperson of the Board, the head of the department or agency receiving the request for information under subparagraph (A) shall furnish that information to the Board. Mails. The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. Administrative support services. Upon the request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out this section. Staff. Appointment. The Board may appoint and fix the pay of a Director and such additional personnel as the Board considers appropriate. Experts and consultants. The Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Staff of federal agencies. Upon request of the Board, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist the Board in carrying out this section.". <SECTION-HEADER> MANDATORY REVIEW OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF DOMESTIC STEEL COMPANIES BY FOREIGN COMPANIES. Section 721(b) of the Defense Production Act of 1950 (50 USC. App. 2170(b)) is amended by inserting before the period at the end of the 1st sentence "or in any instance in which a person of a foreign country (as defined in section 3502 seeks to engage in any merger, acquisition, or takeover that could result in the control by such person of a domestic steel company". <SECTION-HEADER> EXTENSION OF DEFENSE PRODUCTION ACT OF 1950. Section 717(a) of the Defense Production Act of 1950 (50 USC. App. 2166(a)) is amended by striking "September 30, 2001" and inserting "September 30, 2004".

Steel and National Security Act - Amends the Defense Production Act of 1950 to extend through FY 2004: (1) the authorization of appropriations for domestic industrial and technological productive capacity and supply, requiring no less than 50 percent of amounts appropriated to be used solely for purchase commitments. And (2) the authority of such Act. Establishes the National Defense Preparedness Domestic Industrial Base Board to: (1) undertake necessary actions to ensure the uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources. And (2) study and monitor critical industries, including steel, to determine which are in danger of failing or otherwise losing the capacity to provide for national security. Requires mandatory review of any merger, acquisition, or takeover of any domestic steel company by a foreign person.

To amend the Defense Production Act of 1950 to establish the National Defense Preparedness Domestic Industrial Base Board, and for other purposes.

111_hr2354

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Promotion Funding Integrated Research, Synthesis, and Training Act'' or the ``Health Promotion FIRST Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Lifestyle factors are responsible for almost half of the premature deaths in developed nations and a large portion of the deaths in developing nations. (2) Lifestyle factors are a primary cause of the 6 leading causes of death in the United States, including heart disease, cancer, stroke, respiratory diseases, accidents, and diabetes, which account for almost 75 percent of all deaths in the United States. (3) A significant portion of the health disparities in the United States are caused by lifestyle factors, which could be improved by health promotion programs. (4) The United States is experiencing epidemics in diabetes and obesity among adults and children, at the same time a majority of the population is sedentary and eats an unhealthy diet. (5) Per capita medical care costs in the United States are more than double those of all but 4 other countries in the world, yet the United States ranks 42nd in the world in life expectancy. (6) Medical care costs are second only to education in State government budgets. (7) Lifestyle factors are responsible for at least 25 percent of employer's medical care costs in the United States. (8) National costs of obesity account for 9.1 percent of all medical costs, reaching $93,000,000 in 2002. Approximately \1/2\ of these costs were paid by the Medicare & Medicaid Programs. (9) More than 440,000 people die each year from tobacco use and more than 12,000,000 are living with chronic conditions caused by tobacco. Tobacco accounts for at least $96,000,000,000 in direct medical expenditures. (10) Significant gaps exist in the basic and applied research base of health promotion regarding how to best reach and serve people of color, low-income people, people with little formal education, children, and older adults, how to create long-term health improvements, how to create supportive environments, and how to address gender issues. More focused research can reduce these gaps. (11) Significant gaps exist between the best and the typical health promotion programs. Better synthesis and dissemination of results can reduce these gaps. (12) Health promotion is the art and science of motivating people to enhance their lifestyles to achieve complete health, not just the absence of disease. Complete health involves a balance of physical, mental, and social health. (13) Health promotion programs focus on practices such as exercising regularly, eating a nutritious diet, maintaining a healthy weight, managing stress, avoiding dangerous substances such as tobacco and illegal drugs, drinking alcohol in moderation or not at all, driving safely, being wise consumers of health care, and a number of other health related practices. (14) The most effective health promotion programs include a combination of strategies to increase awareness, enhance motivation, facilitate behavior change, and develop cultures and physical environments that encourage and support healthy lifestyle practices. (15) Health promotion programs can be provided in family, clinical, child care, school, workplace, Federal, State, and community settings. (16) People living in rural areas have additional unique challenges of high risk work environments, more limited access to major educational and medical complexes, as well as facilities for fitness and recreational facilities and in some cases to grocery stores. (17) Individuals with physical disabilities respond very well to exercise treatment. This is a core component of all high quality physical therapy programs. However, additional research and more intensive efforts to disseminate information in this area are necessary. SEC. 3. HEALTH PROMOTION RESEARCH AND DISSEMINATION. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXI--HEALTH PROMOTION RESEARCH AND DISSEMINATION ``Subtitle A--Coordination of Programs of the Department of Health and Human Services ``SEC. 3101. PLAN FOR HEALTH PROMOTION PROGRAMS. ``(a) In General.--The Secretary shall develop, and periodically review and as appropriate revise, a plan in accordance with this section for activities of the Department of Health and Human Services relating to health promotion. The plan shall include provisions for coordinating all such activities of the Department, including activities under section 1701 to-- ``(1) formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care; ``(2) analyze the necessary and available resource for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis; ``(3) undertake and support necessary activities and programs to-- ``(A) incorporate appropriate health promotion concepts into our society, especially into all aspects of education and health care; ``(B) increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living; and ``(C) establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts; and ``(4) undertake and support research and demonstration programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care. ``(b) Basic and Applied Science.--The plan developed under subsection (a) shall contain provisions to address how to best develop the basic and applied science of health promotion, including-- ``(1) a research agenda; ``(2) an identification of the best combination of Federal agency, university, and other community resources most qualified to pursue each of the components of such agenda; ``(3) protocols to facilitate ongoing cooperation and collaboration among the Federal agencies to pursue the agenda; and ``(4) budgetary requirements with respect to the agenda. ``(c) Dissemination of Information.--The plan developed under subsection (a) shall contain provisions to address how to best synthesize and disseminate health promotion research findings to scientists, professionals, and the public, including provisions for the following: ``(1) Protocols for ongoing monitoring of all health promotion research. ``(2) Preparation of systematic reviews and meta-analyses. ``(3) Distillation of findings into practice guidelines for programs offered in clinical, workplace, school, home, neighborhood, municipal, and State settings. ``(4) Strategies to incorporate findings into college, university, and continuing educational curriculum for all related health professions. ``(5) Communication of key findings to policy makers in business, government, educational and community settings who influence investment decisions. ``(6) Identification of the optimal combination of government agencies to coordinate the matters referred to in paragraphs (1) through (5). ``(d) Rural and Low-Income Needs.--The plan developed under subsection (a) shall contain strategies to best meet the health promotion needs of individuals in rural areas and low-income inner city areas. ``(e) Support and Development of Professional and Scientific Community.--The plan developed under subsection (a) shall contain provisions to address how to best support and develop the health promotion professional and scientific community through enhancement of existing or development of new professional organizations. ``(f) Integration of Health Promotion; Internal Department Activities.--The plan developed under subsection (a) shall contain provisions to address how resources, policies, structures, and legislation within the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and make health promoting opportunities available to all members of the public. ``(g) Integration of Health Promotion External Activities.--The plan developed under subsection (a) shall contain provisions to address how overall Federal Government policies, structures, and legislation external to the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and to make health promoting opportunities available to all individuals. ``(h) Other Federal Strategic Plans.--The Secretary shall request the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Commerce, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Education, the Secretary of State, the Secretary of Energy, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Veterans Affairs, and the Secretary of Housing and Urban Development to develop strategic plans for the use by each respective Federal agency of the resources and authorities of such agency to enhance the health and well-being of the American people by providing access to more opportunities for physical activity, enhancing access to more nutritious foods at more affordable prices, and reducing exposure to toxic substances such as secondhand smoke. Each such Secretary shall solicit suggestions and advice from experts of the type described in subsection (i). ``(i) Perspectives.--Due to 30 years of experience showing that traditional medical and educational approaches are not sufficient to motivate people to make and sustain basic health behavior changes, in developing the plan under subsection (a), the Secretary shall seek perspectives from individuals representing a diverse range of disciplines, including the following areas: ``(1) Agriculture. ``(2) Anthropology. ``(3) Child development. ``(4) City planning. ``(5) Commerce. ``(6) Economics. ``(7) Environmental planning and design. ``(8) Exercise physiology. ``(9) Financial analysis. ``(10) Health education. ``(11) Health policy. ``(12) Individual psychology. ``(13) Management. ``(14) Medicine. ``(15) Nursing. ``(16) Nutrition. ``(17) Organization psychology. ``(18) Taxation. ``(19) Transportation planning. ``Subtitle B--Science Programs Through National Institutes of Health ``SEC. 3111. SCIENCE OF HEALTH PROMOTION. ``(a) Plan.--The Director of the National Institutes of Health (referred to in this subtitle as `NIH'), acting through the Office of Behavioral and Social Sciences Research, shall develop, and periodically review and as appropriate revise, a plan on how to best develop the science of health promotion through the NIH agencies. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan under section 3101(a). ``(b) Certain Components of Plan.--The plan developed under subsection (a) shall include the following provisions: ``(1) A research agenda to develop the science of health promotion. ``(2) Recommendations on funding levels for the various areas of research on such agenda. ``(3) Recommendations on the best combination of NIH agencies and non-Federal entities to carry out research under the agenda. ``(c) Allocation of Resources.--Subject to compliance with appropriation Acts, the plan developed under subsection (a) shall provide for the allocation of resources for research under such plan relative to other areas of health, as appropriate taking into account the burden of lifestyle factors on morbidity and mortality, and the progress likely in advancing the science of health promotion given the current and evolving level of science on health promotion, and the relative cost of conducting research on health promotion compared to other areas of research. ``SEC. 3112. EARLY RESEARCH PROGRAMS. ``The Director of NIH, acting through the Office of Behavioral and Social Sciences Research, shall conduct or support early research programs and research training regarding health promotion. ``Subtitle C--Applied Research Programs Through Centers for Disease Control and Prevention ``SEC. 3121. RESEARCH AGENDA. ``The Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this subtitle as the `Director of CDC'), shall develop, and periodically review and as appropriate revise, a plan that establishes for such Centers a research agenda regarding health promotion. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan developed under section 3101(a). ``SEC. 3122. PREVENTION RESEARCH CENTERS. ``(a) In General.--The Director of the National Center for Chronic Disease Prevention and Health Promotion (referred to in this section as the `Director') shall expand the eligibility of entities for Prevention Research Centers (referred to in this section as `Centers') grants to include the entities described in subsection (b). The Center for Chronic Disease Prevention and Health Promotion shall retain the authority to specify the qualities of entities it deems to be most important in performing the responsibilities of Centers and shall retain the responsibility for judging which organizations possess these qualities. ``(b) Entities Described.--The entities described in this subsection include-- ``(1) institutions of higher education; ``(2) public and private research institutions; ``(3) departments or schools of-- ``(A) business; ``(B) city planning; ``(C) education; ``(D) nursing; ``(E) psychology; ``(F) public policy; ``(G) transportation; ``(H) social work; ``(I) agriculture; ``(J) nutrition; ``(K) engineering; ``(L) architecture; ``(M) exercise science; ``(N) health promotion; ``(O) population health; ``(P) preventive medicine; ``(Q) public health; and ``(R) any other program that can make a compelling connection to improving the health of the public; and ``(4) private research, membership, or service organizations. ``Subtitle D--Other Programs and Policies ``SEC. 3131. MODIFICATION OF APPLICATIONS AWARD PROCESS TO ATTRACT MOST QUALIFIED SCIENTISTS AND PRACTITIONERS; DEVELOPING HEALTH PROMOTION INFRASTRUCTURE. ``(a) Modification of Awards Application Process.--In awarding grants, cooperative agreements, and contracts under this title, the Secretary shall modify the application process to attract the most qualified individuals and organizations. ``(b) General Priority of Developing Health Promotion Infrastructure.--The Secretary shall ensure that programs carried out pursuant to this title are consistent with the general priority of developing the health promotion infrastructure among universities, nonprofit organizations, and for-profit organizations, rather than increasing the size of State or local governments or the Federal Government.''.

Health Promotion Funding Integrated Research, Synthesis, and Training Act or the Health Promotion FIRST Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to develop a plan for health promotion that includes coordinating the health promotion activities of HHS and addressing how best to: (1) develop the basic and applied science of health promotion, (2) synthesize and disseminate health promotion research. (3) meet health promotion needs in rural and low-income inner city areas, (4) support and develop the health promotion and scientific community. And (5) modify or develop resources, policies, structure, and legislation to integrate health promotion into all health professions and sectors of society. Requires the Secretary to request other federal agencies to develop health promotion strategic plans. Requires the Director of the National Institutes of Health (NIH), acting through the Office of Behavioral and Social Sciences Research, to: (1) develop a plan on how best to develop the science of health promotion through NIH agencies. And (2) conduct or support early research programs and research training regarding health promotion. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan to establish a research agenda regarding health promotion for CDC. Requires the Director of the National Center for Chronic Disease Prevention and Health Promotion to award grants to develop Health Promotion Research Centers. Requires the Secretary to modify the application process for grants, cooperative agreements, and contracts awarded under this Act to attract the most qualified individuals and organizations.

To provide for increased research, coordination, and expansion of health promotion programs through the Department of Health and Human Services.

17,322

1,744

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Health Promotion Funding Integrated Research, Synthesis, and Training Act" or the "Health Promotion FIRST Act". <SECTION-HEADER> FINDINGS. Congress makes the following findings: Lifestyle factors are responsible for almost half of the premature deaths in developed nations and a large portion of the deaths in developing nations. Lifestyle factors are a primary cause of the 6 leading causes of death in the United States, including heart disease, cancer, stroke, respiratory diseases, accidents, and diabetes, which account for almost 75 percent of all deaths in the United States. A significant portion of the health disparities in the United States are caused by lifestyle factors, which could be improved by health promotion programs. The United States is experiencing epidemics in diabetes and obesity among adults and children, at the same time a majority of the population is sedentary and eats an unhealthy diet. Per capita medical care costs in the United States are more than double those of all but 4 other countries in the world, yet the United States ranks 42nd in the world in life expectancy. Medical care costs are second only to education in State government budgets. Lifestyle factors are responsible for at least 25 percent of employer's medical care costs in the United States. National costs of obesity account for 9.1 percent of all medical costs, reaching $93,000,000 in 2002. Approximately 12 of these costs were paid by the Medicare Medicaid Programs. More than 440,000 people die each year from tobacco use and more than 12,000,000 are living with chronic conditions caused by tobacco. Tobacco accounts for at least $96,000,000,000 in direct medical expenditures. Significant gaps exist in the basic and applied research base of health promotion regarding how to best reach and serve people of color, low-income people, people with little formal education, children, and older adults, how to create long-term health improvements, how to create supportive environments, and how to address gender issues. More focused research can reduce these gaps. Significant gaps exist between the best and the typical health promotion programs. Better synthesis and dissemination of results can reduce these gaps. Health promotion is the art and science of motivating people to enhance their lifestyles to achieve complete health, not just the absence of disease. Complete health involves a balance of physical, mental, and social health. Health promotion programs focus on practices such as exercising regularly, eating a nutritious diet, maintaining a healthy weight, managing stress, avoiding dangerous substances such as tobacco and illegal drugs, drinking alcohol in moderation or not at all, driving safely, being wise consumers of health care, and a number of other health related practices. The most effective health promotion programs include a combination of strategies to increase awareness, enhance motivation, facilitate behavior change, and develop cultures and physical environments that encourage and support healthy lifestyle practices. Health promotion programs can be provided in family, clinical, child care, school, workplace, Federal, State, and community settings. People living in rural areas have additional unique challenges of high risk work environments, more limited access to major educational and medical complexes, as well as facilities for fitness and recreational facilities and in some cases to grocery stores. Individuals with physical disabilities respond very well to exercise treatment. This is a core component of all high quality physical therapy programs. However, additional research and more intensive efforts to disseminate information in this area are necessary. <SECTION-HEADER> HEALTH PROMOTION RESEARCH AND DISSEMINATION. The Public Health Service Act is amended by adding at the end the following: "TITLE XXXI HEALTH PROMOTION RESEARCH AND DISSEMINATION "Subtitle A Coordination of Programs of the Department of Health and Human Services "Section 3101. PLAN FOR HEALTH PROMOTION PROGRAMS. In General. The Secretary shall develop, and periodically review and as appropriate revise, a plan in accordance with this section for activities of the Department of Health and Human Services relating to health promotion. The plan shall include provisions for coordinating all such activities of the Department, including activities under section 1701 to formulate national goals, and a strategy to achieve such goals, with respect to health information and health promotion, preventive health services, and education in the appropriate use of health care. Analyze the necessary and available resource for implementing the goals and strategy formulated pursuant to paragraph (1), and recommend appropriate educational and quality assurance policies for the needed manpower resources identified by such analysis. Undertake and support necessary activities and programs to incorporate appropriate health promotion concepts into our society, especially into all aspects of education and health care. Increase the application and use of health knowledge, skills, and practices by the general population in its patterns of daily living. And establish systematic processes for the exploration, development, demonstration, and evaluation of innovative health promotion concepts. And undertake and support research and demonstration programs relating to health information and health promotion, preventive health services, and education in the appropriate use of health care. Basic and Applied Science. The plan developed under subsection (a) shall contain provisions to address how to best develop the basic and applied science of health promotion, including a research agenda. An identification of the best combination of Federal agency, university, and other community resources most qualified to pursue each of the components of such agenda. Protocols to facilitate ongoing cooperation and collaboration among the Federal agencies to pursue the agenda. And budgetary requirements with respect to the agenda. Dissemination of Information. The plan developed under subsection (a) shall contain provisions to address how to best synthesize and disseminate health promotion research findings to scientists, professionals, and the public, including provisions for the following: Protocols for ongoing monitoring of all health promotion research. Preparation of systematic reviews and meta-analyses. Distillation of findings into practice guidelines for programs offered in clinical, workplace, school, home, neighborhood, municipal, and State settings. Strategies to incorporate findings into college, university, and continuing educational curriculum for all related health professions. Communication of key findings to policy makers in business, government, educational and community settings who influence investment decisions. Identification of the optimal combination of government agencies to coordinate the matters referred to in paragraphs (1) through (5). Rural and Low-Income Needs. The plan developed under subsection (a) shall contain strategies to best meet the health promotion needs of individuals in rural areas and low-income inner city areas. Support and Development of Professional and Scientific Community. The plan developed under subsection (a) shall contain provisions to address how to best support and develop the health promotion professional and scientific community through enhancement of existing or development of new professional organizations. Integration of Health Promotion. Internal Department Activities. The plan developed under subsection (a) shall contain provisions to address how resources, policies, structures, and legislation within the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and make health promoting opportunities available to all members of the public. Integration of Health Promotion External Activities. The plan developed under subsection (a) shall contain provisions to address how overall Federal Government policies, structures, and legislation external to the Department of Health and Human Services can best be modified or developed to integrate health promotion into all health professions and sectors of society and to make health promoting opportunities available to all individuals. Other Federal Strategic Plans. The Secretary shall request the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Commerce, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Education, the Secretary of State, the Secretary of Energy, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Veterans Affairs, and the Secretary of Housing and Urban Development to develop strategic plans for the use by each respective Federal agency of the resources and authorities of such agency to enhance the health and well-being of the American people by providing access to more opportunities for physical activity, enhancing access to more nutritious foods at more affordable prices, and reducing exposure to toxic substances such as secondhand smoke. Each such Secretary shall solicit suggestions and advice from experts of the type described in subsection (i). Perspectives. Due to 30 years of experience showing that traditional medical and educational approaches are not sufficient to motivate people to make and sustain basic health behavior changes, in developing the plan under subsection (a), the Secretary shall seek perspectives from individuals representing a diverse range of disciplines, including the following areas: Agriculture. Anthropology. Child development. City planning. Commerce. Economics. Environmental planning and design. Exercise physiology. Financial analysis. Health education. Health policy. Individual psychology. Management. Medicine. Nursing. Nutrition. Organization psychology. Taxation. Transportation planning. "Subtitle B Science Programs Through National Institutes of Health "Section 3111. SCIENCE OF HEALTH PROMOTION. Plan. The Director of the National Institutes of Health , acting through the Office of Behavioral and Social Sciences Research, shall develop, and periodically review and as appropriate revise, a plan on how to best develop the science of health promotion through the NIH agencies. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan under section 3101(a). Certain Components of Plan. The plan developed under subsection (a) shall include the following provisions: A research agenda to develop the science of health promotion. Recommendations on funding levels for the various areas of research on such agenda. Recommendations on the best combination of NIH agencies and non-Federal entities to carry out research under the agenda. Allocation of Resources. Subject to compliance with appropriation Acts, the plan developed under subsection (a) shall provide for the allocation of resources for research under such plan relative to other areas of health, as appropriate taking into account the burden of lifestyle factors on morbidity and mortality, and the progress likely in advancing the science of health promotion given the current and evolving level of science on health promotion, and the relative cost of conducting research on health promotion compared to other areas of research. "Section 3112. EARLY RESEARCH PROGRAMS. "The Director of NIH, acting through the Office of Behavioral and Social Sciences Research, shall conduct or support early research programs and research training regarding health promotion. "Subtitle C Applied Research Programs Through Centers for Disease Control and Prevention "Section 3121. RESEARCH AGENDA. "The Secretary, acting through the Director of the Centers for Disease Control and Prevention , shall develop, and periodically review and as appropriate revise, a plan that establishes for such Centers a research agenda regarding health promotion. The plan shall be consistent with and shall elaborate upon applicable provisions of the Departmental plan developed under section 3101(a). "Section 3122. PREVENTION RESEARCH CENTERS. In General. The Director of the National Center for Chronic Disease Prevention and Health Promotion shall expand the eligibility of entities for Prevention Research Centers grants to include the entities described in subsection (b). The Center for Chronic Disease Prevention and Health Promotion shall retain the authority to specify the qualities of entities it deems to be most important in performing the responsibilities of Centers and shall retain the responsibility for judging which organizations possess these qualities. Entities Described. The entities described in this subsection include institutions of higher education, public and private research institutions, departments or schools of business, city planning, education, nursing, psychology, public policy, transportation, social work, agriculture, nutrition, engineering, architecture, exercise science, health promotion, population health, preventive medicine, public health. And any other program that can make a compelling connection to improving the health of the public. And private research, membership, or service organizations. "Subtitle D Other Programs and Policies "Section 3131. MODIFICATION OF APPLICATIONS AWARD PROCESS TO ATTRACT MOST QUALIFIED SCIENTISTS AND PRACTITIONERS. DEVELOPING HEALTH PROMOTION INFRASTRUCTURE. Modification of Awards Application Process. In awarding grants, cooperative agreements, and contracts under this title, the Secretary shall modify the application process to attract the most qualified individuals and organizations. General Priority of Developing Health Promotion Infrastructure. The Secretary shall ensure that programs carried out pursuant to this title are consistent with the general priority of developing the health promotion infrastructure among universities, nonprofit organizations, and for-profit organizations, rather than increasing the size of State or local governments or the Federal Government.".

Health Promotion Funding Integrated Research, Synthesis, and Training Act or the Health Promotion FIRST Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to develop a plan for health promotion that includes coordinating the health promotion activities of HHS and addressing how best to: (1) develop the basic and applied science of health promotion, (2) synthesize and disseminate health promotion research. (3) meet health promotion needs in rural and low-income inner city areas, (4) support and develop the health promotion and scientific community. And (5) modify or develop resources, policies, structure, and legislation to integrate health promotion into all health professions and sectors of society. Requires the Secretary to request other federal agencies to develop health promotion strategic plans. Requires the Director of the National Institutes of Health (NIH), acting through the Office of Behavioral and Social Sciences Research, to: (1) develop a plan on how best to develop the science of health promotion through NIH agencies. And (2) conduct or support early research programs and research training regarding health promotion. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan to establish a research agenda regarding health promotion for CDC. Requires the Director of the National Center for Chronic Disease Prevention and Health Promotion to award grants to develop Health Promotion Research Centers. Requires the Secretary to modify the application process for grants, cooperative agreements, and contracts awarded under this Act to attract the most qualified individuals and organizations.

To provide for increased research, coordination, and expansion of health promotion programs through the Department of Health and Human Services.

110_s1675

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Community Radio Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry. (2) At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation. (3) A commitment to localism--local operations, local research, local management, locally-originated programming, local artists, and local news and events--would bolster radio listening. (4) Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station. (5) In 2003, the average cost to acquire a commercial radio station was more than $2,500,000. (6) In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called ``low-power FM'' or ``LPFM'' to ``enhance locally focused community-oriented radio broadcasting''. (7) Through the creation of LPFM, the Commission sought to ``create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests''. (8) The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, ``We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.''. (9) Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The Commission based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield. (10) Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis. (11) In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band. (12) The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood. (13) Over 500 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations. (14) After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated. (15) Minorities represent almost a third of our population. However, according to the Federal Communication Commission's most recent Form 323 data on the race and gender of full power, commercial broadcast licensees, minorities own only 7 percent of all local television and radio stations. Women represent more than half of the population, but own only 6 percent of all local television and radio stations. LPFM stations, while not a solution to the overall inequalities in minority and female broadcast ownership, provide an additional opportunity for underrepresented communities to operate a station and provide local communities with a greater diversity of viewpoints and culture. (16) LPFM stations have proven to be a vital source of information during local or national emergencies. Out of the few stations that were able to stay online during Katrina, several were LPFM stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air during Hurricane Katrina and served as the Emergency Operations Center for Hancock County. Additionally, after Hurricane Katrina when thousands of evacuees temporarily housed at the Houston Astrodome were unable to hear information about the availability of food and ice, the location of FEMA representatives, and the whereabouts of missing loved ones over the loud speakers, volunteers handed out thousands of transistor radios and established a LPFM station outside the Astrodome to broadcast such information. SEC. 3. REPEAL OF PRIOR LAW. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law 106-553; 114 Stat. 2762A-111), is repealed. SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between-- (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations. SEC. 5. PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS. The Federal Communications Commission when licensing FM translator stations shall ensure-- (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community. SEC. 7. PROHIBITIONS ON CERTAIN APPLICANTS. The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to prohibit any applicant from obtaining a low- power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 (47 U.S.C. 301). SEC. 8. FEDERAL COMMUNICATIONS COMMISSION RULES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. SEC. 9. FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM STATIONS. The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.

Local Community Radio Act of 2007 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels. (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license. And (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to: (1) modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations. And (2) retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC, when licensing FM translator stations, to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations. And (2) that such decisions are made based on the needs of the local community. Requires the FCC to: (1) modify rules authorizing the operation of low-power FM radio stations, as proposed in a specified docket, to prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station. (2) retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in states with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. And (3) conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.

A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

8,861

1,958

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Local Community Radio Act of 2007". <SECTION-HEADER> FINDINGS. Congress makes the following findings: The passage of the Telecommunications Act of 1996 led to increased ownership consolidation in the radio industry. At a hearing before the Senate Committee on Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the Federal Communications Commission testified that there has been, in at least some local radio markets, too much consolidation. A commitment to localism local operations, local research, local management, locally-originated programming, local artists, and local news and events would bolster radio listening. Local communities have sought to launch radio stations to meet their local needs. However, due to the scarce amount of spectrum available and the high cost of buying and running a large station, many local communities are unable to establish a radio station. In 2003, the average cost to acquire a commercial radio station was more than $2,500,000. In January, 2000, the Federal Communications Commission authorized a new, affordable community radio service called "low-power FM" or "LPFM" to "enhance locally focused community-oriented radio broadcasting". Through the creation of LPFM, the Commission sought to "create opportunities for new voices on the air waves and to allow local groups, including schools, churches, and other community-based organizations, to provide programming responsive to local community needs and interests". The Commission made clear that the creation of LPFM would not compromise the integrity of the FM radio band by stating, "We are committed to creating a low-power FM radio service only if it does not cause unacceptable interference to existing radio service.". Currently, FM translator stations can operate on the second- and third-adjacent channels to full power radio stations, up to an effective radiated power of 250 watts, pursuant to part 74 of title 47, Code of Federal Regulations, using the very same transmitters that LPFM stations will use. The Commission based its LPFM rules on the actual performance of these translators that already operate without undue interference to FM stations. The actual interference record of these translators is far more useful than any results that further testing could yield. Small rural broadcasters were particularly concerned about a lengthy and costly interference complaint process. Therefore, in September, 2000, the Commission created a simple process to address interference complaints regarding LPFM stations on an expedited basis. In December, 2000, Congress delayed the full implementation of LPFM until an independent engineering study was completed and reviewed. This delay was due to some broadcasters' concerns that LPFM service would cause interference in the FM band. The delay prevented millions of Americans from having a locally operated, community based radio station in their neighborhood. Over 500 LPFM stations were allowed to proceed despite the congressional action. These stations are currently on the air and are run by local government agencies, groups promoting arts and education to immigrant and indigenous peoples, artists, schools, religious organizations, environmental groups, organizations promoting literacy, and many other civically-oriented organizations. After 2 years and the expenditure of $2,193,343 in taxpayer dollars to conduct this study, the broadcasters' concerns were demonstrated to be unsubstantiated. Minorities represent almost a third of our population. However, according to the Federal Communication Commission's most recent Form 323 data on the race and gender of full power, commercial broadcast licensees, minorities own only 7 percent of all local television and radio stations. Women represent more than half of the population, but own only 6 percent of all local television and radio stations. LPFM stations, while not a solution to the overall inequalities in minority and female broadcast ownership, provide an additional opportunity for underrepresented communities to operate a station and provide local communities with a greater diversity of viewpoints and culture. LPFM stations have proven to be a vital source of information during local or national emergencies. Out of the few stations that were able to stay online during Katrina, several were LPFM stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air during Hurricane Katrina and served as the Emergency Operations Center for Hancock County. Additionally, after Hurricane Katrina when thousands of evacuees temporarily housed at the Houston Astrodome were unable to hear information about the availability of food and ice, the location of FEMA representatives, and the whereabouts of missing loved ones over the loud speakers, volunteers handed out thousands of transistor radios and established a LPFM station outside the Astrodome to broadcast such information. <SECTION-HEADER> REPEAL OF PRIOR LAW. Section 632 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 , is repealed. <SECTION-HEADER> MINIMUM DISTANCE SEPARATION REQUIREMENTS. The Federal Communications Commission shall modify its rules to eliminate third-adjacent minimum distance separation requirements between low-power FM stations. And full-service FM stations, FM translator stations, and FM booster stations. <SECTION-HEADER> PROTECTION OF RADIO READING SERVICES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power non-commercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. <SECTION-HEADER> ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS. The Federal Communications Commission when licensing FM translator stations shall ensure that licenses are available to both FM translator stations and low-power FM stations. And that such decisions are made based on the needs of the local community. <SECTION-HEADER> PROHIBITIONS ON CERTAIN APPLICANTS. The Federal Communications Commission shall modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to prohibit any applicant from obtaining a low- power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of section 301 of the Communications Act of 1934 . <SECTION-HEADER> FEDERAL COMMUNICATIONS COMMISSION RULES. The Federal Communications Commission shall retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in significantly populated States with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. <SECTION-HEADER> FCC STUDY ON IMPACT OF LPFM ON FULL-POWER COMMERCIAL FM STATIONS. The Federal Communications Commission shall conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.

Local Community Radio Act of 2007 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels. (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license. And (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required. Requires the FCC to: (1) modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations. And (2) retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference. Requires the FCC, when licensing FM translator stations, to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations. And (2) that such decisions are made based on the needs of the local community. Requires the FCC to: (1) modify rules authorizing the operation of low-power FM radio stations, as proposed in a specified docket, to prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station. (2) retain its rules that provide third-adjacent channel protection for full-power FM stations that are licensed in states with more than 3,000,000 housing units and a population density greater than 1,000 people per square mile land area. And (3) conduct an economic study on the impact that low-power FM stations will have on full-power commercial FM stations.

A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service.

114_hr3656

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco to 21 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Tobacco use caused 20,800,000 premature deaths in the United States in the 50 years since the Surgeon General's first report on smoking in 1964. (2) The 1964 Surgeon General's report linked cigarette smoking to cancer, and since then, other tobacco products, including cigars, cigarillos, roll-your-own products, and smokeless tobacco have been causally linked to cancer. (3) While substantial gains have been made since 1964, tobacco use remains the leading cause of preventable death in the United States, responsible for approximately 500,000 premature deaths each year. (4) Tobacco use costs the United States approximately $170,000,000,000 in direct medical costs and $156,000,000,000 in lost productivity every year. (5) More than 42,000,000 people in the United States still smoke, and the tobacco industry continues to challenge tobacco control victories in court, manipulate products to evade existing regulations, introduce new and dangerous tobacco products, and spend billions on marketing to deceive the public and addict more children. (6) An estimated 5,600,000 youth aged 17 and under are projected to die prematurely from a tobacco-related illness if prevalence rates do not change. (7) Use of tobacco products in any form is not safe, especially during adolescence, as such use can lead to nicotine dependence and subsequent tobacco-related diseases and death. (8) Adolescents are especially vulnerable to the effects of nicotine and nicotine addiction and appear to show signs of nicotine addiction at lower levels of exposure compared to adults. (9) Nicotine exposure during adolescence may have long lasting adverse consequences on brain development. (10) The likelihood of developing smoking-related cancers increases with duration of smoking. Therefore those users that start at younger ages and continue to smoke are at higher risk for tobacco-related disease and death. (11) National data show that 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. (12) Young adults aged 18 to 24 are more than 2 times as likely to use smokeless products as compared to older adults aged 45 to 64. (13) The Centers for Disease Control and Prevention and the Institute of Medicine recommend comprehensive and sustained tobacco control programs and policies at the Federal, State, and local level in order to reduce youth initiation and the prevalence of tobacco use. (14) Regulating the retail environment, actively enforcing laws, and educating retailers are strategies that Federal, State, and local governments can take to restrict the availability of tobacco products to youth. (15) The recent report of the Institute of Medicine entitled, ``Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products'', concluded that raising the minimum legal age of sale of tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15 to 17, and will improve health across the lifespan and save lives. Specifically, the report said that raising the minimum legal age of sale of tobacco products nationwide to age 21 would, over time, lead to a 12-percent decrease in smoking prevalence. (16) The Institute of Medicine report also predicts that raising the minimum legal age of sale of tobacco products nationwide to age 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4,200,000 fewer years of life lost for those born between 2000 and 2019. In addition, the report concluded that raising the minimum legal age of sale would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome. SEC. 3. PROHIBITION AND ENFORCEMENT. (a) In General.--Notwithstanding any other provision of law, including any Federal regulation, it shall be unlawful to sell or distribute a tobacco product to anyone under the age of 21. (b) Enforcement.-- (1) In general.--The Secretary of Health and Human Services is authorized to enforce the prohibition under subsection (a) and shall take necessary action to enforce such prohibition, including, as appropriate-- (A) conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and taking any other measures appropriate to help ensure nationwide compliance with such prohibition; and (B) establishing requirements that retailers check identification or use other methods to ensure compliance with subsection (a), or issuing guidance concerning the responsibility of retailers to ensure such compliance. (2) Enforcement authority.--In the case of a violation of subsection (a), the Secretary of Health and Human Services may apply the penalties under section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333), as though such subsection (a) were a regulation promulgated under section 906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), notwithstanding paragraph (3)(A)(ii) of such section 906(d). (c) Definition.--In this Act, the term ``tobacco product'' has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)). SEC. 4. NON-PREEMPTION. Nothing in this Act shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco to individuals below a minimum age, provided that such State or local law is at least as restrictive as the Federal law.

Tobacco to 21 Act This bill prohibits the sale or distribution of tobacco products to individuals under the age of 21. The Department of Health and Human Services must enforce this prohibition by taking necessary actions including, as appropriate, conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and establishing requirements that retailers check identification.

Tobacco to 21 Act

6,744

438

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Tobacco to 21 Act". <SECTION-HEADER> FINDINGS. Congress finds the following: Tobacco use caused 20,800,000 premature deaths in the United States in the 50 years since the Surgeon General's first report on smoking in 1964. The 1964 Surgeon General's report linked cigarette smoking to cancer, and since then, other tobacco products, including cigars, cigarillos, roll-your-own products, and smokeless tobacco have been causally linked to cancer. While substantial gains have been made since 1964, tobacco use remains the leading cause of preventable death in the United States, responsible for approximately 500,000 premature deaths each year. Tobacco use costs the United States approximately $170,000,000,000 in direct medical costs and $156,000,000,000 in lost productivity every year. More than 42,000,000 people in the United States still smoke, and the tobacco industry continues to challenge tobacco control victories in court, manipulate products to evade existing regulations, introduce new and dangerous tobacco products, and spend billions on marketing to deceive the public and addict more children. An estimated 5,600,000 youth aged 17 and under are projected to die prematurely from a tobacco-related illness if prevalence rates do not change. Use of tobacco products in any form is not safe, especially during adolescence, as such use can lead to nicotine dependence and subsequent tobacco-related diseases and death. Adolescents are especially vulnerable to the effects of nicotine and nicotine addiction and appear to show signs of nicotine addiction at lower levels of exposure compared to adults. Nicotine exposure during adolescence may have long lasting adverse consequences on brain development. The likelihood of developing smoking-related cancers increases with duration of smoking. Therefore those users that start at younger ages and continue to smoke are at higher risk for tobacco-related disease and death. National data show that 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. Young adults aged 18 to 24 are more than 2 times as likely to use smokeless products as compared to older adults aged 45 to 64. The Centers for Disease Control and Prevention and the Institute of Medicine recommend comprehensive and sustained tobacco control programs and policies at the Federal, State, and local level in order to reduce youth initiation and the prevalence of tobacco use. Regulating the retail environment, actively enforcing laws, and educating retailers are strategies that Federal, State, and local governments can take to restrict the availability of tobacco products to youth. The recent report of the Institute of Medicine entitled, "Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products", concluded that raising the minimum legal age of sale of tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15 to 17, and will improve health across the lifespan and save lives. Specifically, the report said that raising the minimum legal age of sale of tobacco products nationwide to age 21 would, over time, lead to a 12-percent decrease in smoking prevalence. The Institute of Medicine report also predicts that raising the minimum legal age of sale of tobacco products nationwide to age 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4,200,000 fewer years of life lost for those born between 2000 and 2019. In addition, the report concluded that raising the minimum legal age of sale would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome. <SECTION-HEADER> PROHIBITION AND ENFORCEMENT. In General. Notwithstanding any other provision of law, including any Federal regulation, it shall be unlawful to sell or distribute a tobacco product to anyone under the age of 21. Enforcement. In general. The Secretary of Health and Human Services is authorized to enforce the prohibition under subsection (a) and shall take necessary action to enforce such prohibition, including, as appropriate conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and taking any other measures appropriate to help ensure nationwide compliance with such prohibition. And establishing requirements that retailers check identification or use other methods to ensure compliance with subsection (a), or issuing guidance concerning the responsibility of retailers to ensure such compliance. Enforcement authority. In the case of a violation of subsection (a), the Secretary of Health and Human Services may apply the penalties under section 303 of the Federal Food, Drug, and Cosmetic Act , as though such subsection (a) were a regulation promulgated under section 906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 USC. 387f(d)(1)), notwithstanding paragraph (3)(A)(ii) of such section 906(d). Definition. In this Act, the term "tobacco product" has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act (21 USC. 321(rr)). <SECTION-HEADER> NON-PREEMPTION. Nothing in this Act shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco to individuals below a minimum age, provided that such State or local law is at least as restrictive as the Federal law.

Tobacco to 21 Act This bill prohibits the sale or distribution of tobacco products to individuals under the age of 21. The Department of Health and Human Services must enforce this prohibition by taking necessary actions including, as appropriate, conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and establishing requirements that retailers check identification.

Tobacco to 21 Act

109_hr4038

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Employers Accountability Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Current efforts to stem the tide of illegal immigrants crossing into the United States have fallen far short of need. (2) The number of illegal immigrants currently in the United States is approximating 11 million. (3) Cities, counties, and States are forced to absorb the costs of illegal immigration without compensation from the Federal Government or employers. (4) United States companies continue to recruit and hire illegal immigrants and thereby aid in the erosion of the border security of the United States. (5) The hiring of illegal immigrants has had a negative impact on the employment opportunities of legal immigrants and United States citizens. (6) Federal law expressly prohibits the hiring of illegal immigrants. (7) In 2004, only three United States companies were cited for hiring illegal immigrants. SEC. 3. COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS. (a) Civil Penalty.--Paragraph (4) of subsection (e) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to read as follows: ``(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations.-- ``(A) In general.--With respect to a violation by any person or other entity of subsection (a)(1)(A) or (a)(2), the Secretary of Homeland Security shall require the person or entity to cease and desist from such violations and to pay a civil penalty in the amount specified in subparagraph (B). ``(B) Amount of civil penalty.--A civil penalty under this paragraph shall not be less than $50,000 for each occurrence of a violation described in subsection (a)(1)(A) or (a)(2) with respect to the alien referred to in such subsection, plus, in the event of the removal of such alien from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government, cooperating State and local governments, and State and local law enforcement agencies, in connection with such removal. ``(C) Distribution of penalties to state and local governments.-- ``(i) In general.--Penalties collected under this paragraph from a person or entity shall be distributed as follows: ``(I) 25 percent of such amount shall be distributed to the State in which the person or entity is located. ``(II) 25 percent of such amount shall be distributed to the county in which the person or entity is located. ``(III) 25 percent of such amount shall be distributed to the municipality, if any, in which the person or entity is located, or, in the absence of such a municipality, to the county described in subclause (II). ``(D) Limitation on use of funds.--Amounts paid to a State, county, or municipality under subparagraph (C) may only be used for costs incurred by such State, county, or municipality in providing public services to aliens not lawfully present in the United States. ``(E) Distinct, physically separate subdivisions.-- In applying this subsection in the case of a person or other entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or other entity.''. (b) Denial of Agricultural Assistance for Violators.--Such section is further amended by adding at the end the following new subsection: ``(i) Denial of Agricultural Assistance for Violators.--In the case of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)), such association, employer, or contractor shall be ineligible for agricultural assistance described in paragraphs (1), (2), and (3) of section 1211(a) of the Food Security Act of 1985 (16 U.S.C. 3811(a)) for a period not to exceed five years.''. (c) Good Faith Defense.-- (1) In general.--Such section is further amended-- (A) by striking subsection (a)(3); and (B) by striking subsection (b)(6). (2) Conforming amendments.--Such section is further amended-- (A) in subsection (a)(5), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by striking ``paragraphs (1)(B) and (3)'' and inserting ``paragraph (1)(B)''; and (ii) by striking paragraph (6). (d) Employee Whistleblower Protection.--It shall be unlawful for any employer, including an employer primarily engaged in agriculture, or any labor contractor to intimidate, threaten, restrain, coerce, retaliate, discharge, demote, or in any other manner discriminate against an employee or former employee, regardless of the immigration status of such employee or former employee, because such employee or former employee-- (1) has disclosed, is disclosing, or seeks to disclose to Federal, State, or local law enforcement authorities information related to a violation of an applicable Federal labor law as defined by the Secretary of Labor; or (2) has cooperated, is cooperating, or seeks to cooperate in an investigation or other proceeding concerning compliance with such an applicable Federal labor law. (e) Disclosure Requirements.-- (1) In general.--The Secretary of Homeland Security shall establish, maintain, and regularly update a publicly accessible website that contains a list of persons or other entities that the Secretary has determined to have been in violation of subsection (a)(1)(A) or (a)(2) of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) in the preceding five years. (2) Contents of website.--Such website shall contain, with respect to each such person or entity, the following information: (A) The name, address, and telephone number of the person or entity. (B) The names of the owners, chief executive officers, or other similar officers of the person or entity. (C) The number of unauthorized aliens (as defined in subsection (h)(3) of such section) found to be employed by the person or entity. (D) The aggregate dollar amount that the person or entity has received in the preceding five years under any Federal contract. (f) Effective Date.--The amendments made by subsections (a), (b), and (c) shall take effect 30 days after the date of the enactment of this Act and shall apply to violations occurring on or after such effective date.

Unlawful Employers Accountability Act of 2005 - Amends the Immigration and Nationality Act respecting unlawful employment of alien provisions to: (1) require the Secretary of Homeland Security to issue a cease and desist order, replace the tiered civil penalty provisions with a single, increased-maximum civil penalty, and require an employer to pay the costs incurred in any related removal of an alien from the United States. (2) provide for penalty distribution to state, county, and municipal governments, which shall be used to provide illegal aliens with public services. (3) deny specified agricultural assistance for up to five years to an agricultural employer, contractor, or association in violation of such provisions, (4) eliminate specified good faith defenses, (4) provide whistleblower protection. And (5) direct the Secretary to establish and update a publicly accessible website containing specified information on violators of such provisions in the preceding five years.

To amend the Immigration and Nationality Act to improve enforcement of restrictions on employment in the United States of unauthorized aliens.

8,618

991

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Unlawful Employers Accountability Act of 2005". <SECTION-HEADER> FINDINGS. Congress finds the following: Current efforts to stem the tide of illegal immigrants crossing into the United States have fallen far short of need. The number of illegal immigrants currently in the United States is approximating 11 million. Cities, counties, and States are forced to absorb the costs of illegal immigration without compensation from the Federal Government or employers. United States companies continue to recruit and hire illegal immigrants and thereby aid in the erosion of the border security of the United States. The hiring of illegal immigrants has had a negative impact on the employment opportunities of legal immigrants and United States citizens. Federal law expressly prohibits the hiring of illegal immigrants. In 2004, only three United States companies were cited for hiring illegal immigrants. <SECTION-HEADER> COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS. Civil Penalty. Paragraph (4) of subsection (e) of section 274A of the Immigration and Nationality Act is amended to read as follows: Cease and desist order with civil money penalty for hiring, recruiting, and referral violations. In general. With respect to a violation by any person or other entity of subsection (a)(1)(A) or (2), the Secretary of Homeland Security shall require the person or entity to cease and desist from such violations and to pay a civil penalty in the amount specified in subparagraph (B). Amount of civil penalty. A civil penalty under this paragraph shall not be less than $50,000 for each occurrence of a violation described in subsection (1)(A) or (a)(2) with respect to the alien referred to in such subsection, plus, in the event of the removal of such alien from the United States based on findings developed in connection with the assessment or collection of such penalty, the costs incurred by the Federal Government, cooperating State and local governments, and State and local law enforcement agencies, in connection with such removal. Distribution of penalties to state and local governments. In general. Penalties collected under this paragraph from a person or entity shall be distributed as follows: 25 percent of such amount shall be distributed to the State in which the person or entity is located. 25 percent of such amount shall be distributed to the county in which the person or entity is located. 25 percent of such amount shall be distributed to the municipality, if any, in which the person or entity is located, or, in the absence of such a municipality, to the county described in subclause (II). Limitation on use of funds. Amounts paid to a State, county, or municipality under subparagraph (C) may only be used for costs incurred by such State, county, or municipality in providing public services to aliens not lawfully present in the United States. Distinct, physically separate subdivisions. In applying this subsection in the case of a person or other entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or other entity.". Denial of Agricultural Assistance for Violators. Such section is further amended by adding at the end the following new subsection: Denial of Agricultural Assistance for Violators. In the case of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural association, agricultural employer, or farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act , such association, employer, or contractor shall be ineligible for agricultural assistance described in paragraphs (1), (2), and (3) of section 1211(a) of the Food Security Act of 1985 (16 USC. 3811(a)) for a period not to exceed five years.". Good Faith Defense. In general. Such section is further amended by striking subsection (a)(3). And by striking subsection (b)(6). Conforming amendments. Such section is further amended in subsection (a)(5), by striking "paragraphs (B) and (3)" and inserting "paragraph (1)(B)". And in subsection (b) in the matter preceding paragraph (1), by striking "paragraphs (1)(B) and (3)" and inserting "paragraph (1)(B)". And by striking paragraph (6). Employee Whistleblower Protection. It shall be unlawful for any employer, including an employer primarily engaged in agriculture, or any labor contractor to intimidate, threaten, restrain, coerce, retaliate, discharge, demote, or in any other manner discriminate against an employee or former employee, regardless of the immigration status of such employee or former employee, because such employee or former employee has disclosed, is disclosing, or seeks to disclose to Federal, State, or local law enforcement authorities information related to a violation of an applicable Federal labor law as defined by the Secretary of Labor. Or has cooperated, is cooperating, or seeks to cooperate in an investigation or other proceeding concerning compliance with such an applicable Federal labor law. Disclosure Requirements. In general. The Secretary of Homeland Security shall establish, maintain, and regularly update a publicly accessible website that contains a list of persons or other entities that the Secretary has determined to have been in violation of subsection (a)(1)(A) or (a)(2) of section 274A of the Immigration and Nationality Act in the preceding five years. Contents of website. Such website shall contain, with respect to each such person or entity, the following information: The name, address, and telephone number of the person or entity. The names of the owners, chief executive officers, or other similar officers of the person or entity. The number of unauthorized aliens (as defined in subsection (h) found to be employed by the person or entity. The aggregate dollar amount that the person or entity has received in the preceding five years under any Federal contract. Effective Date. The amendments made by subsections (a), (b), and (c) shall take effect 30 days after the date of the enactment of this Act and shall apply to violations occurring on or after such effective date.

Unlawful Employers Accountability Act of 2005 - Amends the Immigration and Nationality Act respecting unlawful employment of alien provisions to: (1) require the Secretary of Homeland Security to issue a cease and desist order, replace the tiered civil penalty provisions with a single, increased-maximum civil penalty, and require an employer to pay the costs incurred in any related removal of an alien from the United States. (2) provide for penalty distribution to state, county, and municipal governments, which shall be used to provide illegal aliens with public services. (3) deny specified agricultural assistance for up to five years to an agricultural employer, contractor, or association in violation of such provisions, (4) eliminate specified good faith defenses, (4) provide whistleblower protection. And (5) direct the Secretary to establish and update a publicly accessible website containing specified information on violators of such provisions in the preceding five years.

To amend the Immigration and Nationality Act to improve enforcement of restrictions on employment in the United States of unauthorized aliens.

111_hr3381

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America's Wildlife Act of 2009''. SEC. 2. ADDITIONAL PROHIBITIONS. Section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j- 1(a)) is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2), by striking ``or'' after the semicolon; (3) in paragraph (3), by adding ``or'' after the semicolon; (4) by inserting after paragraph (3) the following: ``(4) knowingly violates any regulation promulgated under this Act;''; and (5) in the matter following paragraph (4) (as inserted by this section), by striking ``$5,000'' and inserting ``$50,000''. SEC. 3. EXCEPTIONS TO PROHIBITIONS. Section 13(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j- 1(b)) is amended-- (1) in paragraph (1), by striking ``This section'' and inserting ``Subject to paragraph (3), this section''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``issues a permit referred to in'' and inserting ``authorizes an employee, agent, or person operating under a license or permit to take an action under''; (B) in subparagraph (A), by striking ``to whom a permit was issued'' and inserting ``so authorized''; (C) in subparagraph (B), by striking ``thereunder''; (D) in subparagraph (C), by striking ``to whom a permit was issued''; and (E) in subparagraph (D), by striking ``issuing the permit'' and inserting ``authorizing the action, including, for actions intended to protect land, water, or wildlife, the scientific basis for the actions so authorized''; and (3) by adding at the end the following: ``(3) Enhancing the propagation and survival of wildlife.-- No person exempted under paragraph (1) may shoot, attempt to shoot, or harass any wolf, bear, or wolverine for the purpose of enhancing the propagation and survival of wildlife, including game populations, unless-- ``(A) the head of the fish and wildlife agency of the State and, for game populations on land under the jurisdiction of the Department of the Interior, the Secretary of the Interior, or for game populations on land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture, determines, based on the best scientific data available, that-- ``(i) a biological emergency is imminent; and ``(ii) all other practicable means to prevent the biological emergency, including stopping regulated takes of the declining population, have been implemented; ``(B) the action is carried out-- ``(i) by an officer or employee of-- ``(I) the fish and wildlife agency of the State; or ``(II)(aa) for game populations on land under the jurisdiction of the Department of the Interior, the Department of the Interior; or ``(bb) for game populations on land under the jurisdiction of the Department of Agriculture, the Department of Agriculture; and ``(ii) only in the specific geographical area in which the imminent biological emergency is located; and ``(C) the action results in the removal of not more than the minimum number of predators necessary to prevent the biological emergency. ``(4) Exception relating to actions authorized by secretary of the interior.--The Secretary of the Interior may authorize any action described in subsection (a)-- ``(A) to prevent the extinction of a species that is listed as a threatened species or endangered species under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and ``(B) if the Secretary of the Interior determines that there is no other means available to address the threat of extinction of the species described in subparagraph (A).''. SEC. 4. DEFINITIONS. Section 13 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1) is amended by striking subsection (c) and inserting the following: ``(c) Definitions.--In this section: ``(1) Aircraft.--The term `aircraft' means any contrivance used for flight in the air. ``(2) Biological emergency.--The term `biological emergency' means the likely extirpation or a significant and imminent threat to the sustainability of a wildlife population due to predation by wolves, bears, or wolverines (or any combination thereof). ``(3) Harass.--The term `harass' means-- ``(A) chasing or exhausting an animal; and ``(B) such other activities as are determined by the Secretary.''.

Protect America's Wildlife Act of 2009 - Amends the Fish and Wildlife Act of 1956 to impose criminal penalties on anyone who knowingly violates any regulation prohibiting the shooting or harassing of birds, fish, or other animals from aircraft . Increases the monetary penalty for airborne hunting from $5,000 to $50,000. Expands the exceptions to the prohibition against airborne hunting to include enhancing the propagation and survival of wildlife or preventing the extinction of a species threatened or endangered under the Endangered Species Act of 1973.

To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.

5,931

559

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protect America's Wildlife Act of 2009". <SECTION-HEADER> ADDITIONAL PROHIBITIONS. Section 13(a) of the Fish and Wildlife Act of 1956 (16 USC. 742j- 1(a)) is amended in paragraph (1), by striking "or" after the semicolon, in paragraph (2), by striking "or" after the semicolon, in paragraph (3), by adding "or" after the semicolon. By inserting after paragraph (3) the following: knowingly violates any regulation promulgated under this Act, ". And in the matter following paragraph (4) , by striking "$5,000" and inserting "$50,000". <SECTION-HEADER> EXCEPTIONS TO PROHIBITIONS. Section 13(b) of the Fish and Wildlife Act of 1956 (16 USC. 742j- 1(b)) is amended in paragraph (1), by striking "This section" and inserting "Subject to paragraph (3), this section". In paragraph (2) in the matter preceding subparagraph (A), by striking "issues a permit referred to in" and inserting "authorizes an employee, agent, or person operating under a license or permit to take an action under". In subparagraph (A), by striking "to whom a permit was issued" and inserting "so authorized", in subparagraph (B), by striking "thereunder". In subparagraph (C), by striking "to whom a permit was issued". And in subparagraph (D), by striking "issuing the permit" and inserting "authorizing the action, including, for actions intended to protect land, water, or wildlife, the scientific basis for the actions so authorized". And by adding at the end the following: Enhancing the propagation and survival of wildlife. No person exempted under paragraph (1) may shoot, attempt to shoot, or harass any wolf, bear, or wolverine for the purpose of enhancing the propagation and survival of wildlife, including game populations, unless the head of the fish and wildlife agency of the State and, for game populations on land under the jurisdiction of the Department of the Interior, the Secretary of the Interior, or for game populations on land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture, determines, based on the best scientific data available, that a biological emergency is imminent. And all other practicable means to prevent the biological emergency, including stopping regulated takes of the declining population, have been implemented. The action is carried out by an officer or employee of the fish and wildlife agency of the State. Or (aa) for game populations on land under the jurisdiction of the Department of the Interior, the Department of the Interior. Or for game populations on land under the jurisdiction of the Department of Agriculture, the Department of Agriculture. And only in the specific geographical area in which the imminent biological emergency is located. And the action results in the removal of not more than the minimum number of predators necessary to prevent the biological emergency. Exception relating to actions authorized by secretary of the interior. The Secretary of the Interior may authorize any action described in subsection (a) to prevent the extinction of a species that is listed as a threatened species or endangered species under section 4(c)(1) of the Endangered Species Act of 1973 (16 USC. 1533(c)(1)). And if the Secretary of the Interior determines that there is no other means available to address the threat of extinction of the species described in subparagraph (A).". <SECTION-HEADER> DEFINITIONS. Section 13 of the Fish and Wildlife Act of 1956 is amended by striking subsection (c) and inserting the following: Definitions. In this section: Aircraft. The term `aircraft' means any contrivance used for flight in the air. Biological emergency. The term `biological emergency' means the likely extirpation or a significant and imminent threat to the sustainability of a wildlife population due to predation by wolves, bears, or wolverines . Harass. The term `harass' means chasing or exhausting an animal, and such other activities as are determined by the Secretary.".

Protect America's Wildlife Act of 2009 - Amends the Fish and Wildlife Act of 1956 to impose criminal penalties on anyone who knowingly violates any regulation prohibiting the shooting or harassing of birds, fish, or other animals from aircraft . Increases the monetary penalty for airborne hunting from $5,000 to $50,000. Expands the exceptions to the prohibition against airborne hunting to include enhancing the propagation and survival of wildlife or preventing the extinction of a species threatened or endangered under the Endangered Species Act of 1973.

To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.

115_hr715

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Access Act''. SEC. 2. AVAILABILITY OF MARIHUANA FOR MEDICAL USE. (a) Rescheduling.-- (1) Recommendation by hhs.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Institute of Medicine of the National Academy of Sciences, shall submit to the Administrator of the Drug Enforcement Administration a recommendation to transfer marihuana from schedule I under section 202 of the Controlled Substances Act (21 U.S.C. 812) to a schedule under such section 202 other than schedule I. (2) Final rule.--Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, taking into consideration the recommendation under paragraph (1), issue a final rule to transfer marihuana from schedule I under section 202 of the Controlled Substances Act (21 U.S.C. 812) to a schedule under such section other than schedule I. (b) Cannabidiol.-- (1) In general.--Paragraph (16) of section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended-- (A) by striking ``(16) The'' and inserting ``(16)(A) The''; and (B) by adding at the end the following: ``(B) Cannabidiol-- ``(i) is excluded from the definition of marihuana under subparagraph (A); and ``(ii) shall not be treated as a controlled substance under this Act.''. (2) Definition.--Section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by paragraph (1), is further amended by adding at the end the following: ``(57) The term `cannabidiol' means the substance cannabidiol, as derived from marihuana or synthetically formulated, that contains not greater than 0.3 percent delta-9- tetrahydrocannabinol on a dry weight basis.''. (3) Cannabidiol determination by the states.--Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: ``(j) Cannabidiol Determination.--If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to ensure that marihuana grown or processed for purposes of making cannabidiol meets such concentration limitation.''. (c) Regulation Under State Law.-- (1) In general.--In a State in which marihuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict in such State in accordance with such State law-- (A) the prescription of marihuana by a physician for medical use; (B) an authorized patient under such State law from obtaining, possessing, transporting, or using marihuana for that patient's medical use; (C) a caregiver for an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such authorized patient; (D) the legally recognized parent or guardian of a minor who is an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such minor; (E) an entity from producing, processing, or otherwise manufacturing marihuana for medical use, as authorized under such State law; (F) an entity from distributing marihuana for medical use, as authorized under such State law; (G) a pharmacy or other health care provider from dispensing marihuana to an authorized patient for medical use, as authorized under such State law; or (H) a laboratory or other entity from performing safety, quality, or efficacy testing of marihuana for medical use, as authorized under such State law or under Federal law. (2) Cannabidiol.--Notwithstanding the exclusion of cannabidiol from the definition of marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended, and section 5 of this Act, this subsection applies with respect to cannabidiol, as defined in such section 102, to the same extent and in the same manner as this subsection applies with respect to marihuana. SEC. 3. RESEARCH INTO POTENTIAL MEDICINAL USES OF MARIHUANA. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall delegate responsibility under section 303(f) of the Controlled Substances Act (21 U.S.C. 823(f)) for control over access to marihuana for research into its potential medicinal uses to an agency of the executive branch that is not focused on researching the addictive properties of substances. Such agency shall take appropriate actions to ensure that an adequate supply of marihuana is available for such medicinal research. (b) Consideration of Other Research in Scheduling.--Research that is performed in a scientifically sound manner in a State where marihuana or cannabidiol is legal for medical purposes, and in accordance with such State's law, but that does not use marihuana from federally approved sources, may be considered for purposes of rescheduling marihuana under section 202 of the Controlled Substances Act (21 U.S.C. 812). SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING. This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public. SEC. 5. DEFINITIONS. In this Act: (1) Authorized patient.--The term ``authorized patient'' means an individual using marihuana in accordance with a prescription by a physician for medical use. (2) Marihuana.--Except as provided in section 2(c)(2), the term ``marihuana'' has the meaning given to such term in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by section 2(b). (3) Physician.--The term ``physician'' means a practitioner of medicine, who-- (A) graduated from a college of medicine or osteopathy; and (B) is licensed to practice medicine by the appropriate State board. (4) Prescription.--The term ``prescription'' means an instruction written by a medical physician in accordance with applicable State law that authorizes the provision of a medicine or treatment to a patient. (5) State.--The term ``State'' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

Compassionate Access Act This bill directs the Department of Health and Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer marijuana from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify marijuana. It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical marijuana and in accordance with state law, even if such research uses non-federally approved marijuana. The legislation amends the Controlled Substances Act (CSA) to: exclude cannabidiol (CBD) from the definition of marijuana and remove it from coverage under the CSA. Limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3 on a dry weight basis. And deem marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable. No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing, a patient, caregiver, or guardian from obtaining, possessing, or transporting, an entity from producing, processing, manufacturing, or distributing, a pharmacy from dispensing. Or a laboratory from testing medical marijuana or CBD in compliance with a state's medical marijuana law. The bill requires the Attorney General to delegate responsibility for registering marijuana researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate marijuana supply for medical research.

Compassionate Access Act

7,741

1,667

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Compassionate Access Act". <SECTION-HEADER> AVAILABILITY OF MARIHUANA FOR MEDICAL USE. Rescheduling. Recommendation by hhs. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Institute of Medicine of the National Academy of Sciences, shall submit to the Administrator of the Drug Enforcement Administration a recommendation to transfer marihuana from schedule I under section 202 of the Controlled Substances Act to a schedule under such section 202 other than schedule I. Final rule. Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, taking into consideration the recommendation under paragraph (1), issue a final rule to transfer marihuana from schedule I under section 202 of the Controlled Substances Act to a schedule under such section other than schedule I. Cannabidiol. In general. Paragraph (16) of section 102 of the Controlled Substances Act is amended by striking "(16) The" and inserting (A) The". And by adding at the end the following: Cannabidiol is excluded from the definition of marihuana under subparagraph (A). And shall not be treated as a controlled substance under this Act.". Definition. Section 102 of the Controlled Substances Act , as amended by paragraph (1), is further amended by adding at the end the following: The term `cannabidiol' means the substance cannabidiol, as derived from marihuana or synthetically formulated, that contains not greater than 0.3 percent delta-9- tetrahydrocannabinol on a dry weight basis.". Cannabidiol determination by the states. Section 201 of the Controlled Substances Act is amended by adding at the end the following: Cannabidiol Determination. If a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to ensure that marihuana grown or processed for purposes of making cannabidiol meets such concentration limitation.". Regulation Under State Law. In general. In a State in which marihuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act or of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict in such State in accordance with such State law the prescription of marihuana by a physician for medical use. An authorized patient under such State law from obtaining, possessing, transporting, or using marihuana for that patient's medical use. A caregiver for an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such authorized patient. The legally recognized parent or guardian of a minor who is an authorized patient from obtaining, possessing, or transporting marihuana, as authorized under such State law, for the medical use of such minor. An entity from producing, processing, or otherwise manufacturing marihuana for medical use, as authorized under such State law. An entity from distributing marihuana for medical use, as authorized under such State law. A pharmacy or other health care provider from dispensing marihuana to an authorized patient for medical use, as authorized under such State law. Or a laboratory or other entity from performing safety, quality, or efficacy testing of marihuana for medical use, as authorized under such State law or under Federal law. Cannabidiol. Notwithstanding the exclusion of cannabidiol from the definition of marihuana in section 102 of the Controlled Substances Act , as amended, and section 5 of this Act, this subsection applies with respect to cannabidiol, as defined in such section 102, to the same extent and in the same manner as this subsection applies with respect to marihuana. <SECTION-HEADER> RESEARCH INTO POTENTIAL MEDICINAL USES OF MARIHUANA. In General. Not later than 180 days after the date of enactment of this Act, the Attorney General shall delegate responsibility under section 303(f) of the Controlled Substances Act (21 USC. 823(f)) for control over access to marihuana for research into its potential medicinal uses to an agency of the executive branch that is not focused on researching the addictive properties of substances. Such agency shall take appropriate actions to ensure that an adequate supply of marihuana is available for such medicinal research. Consideration of Other Research in Scheduling. Research that is performed in a scientifically sound manner in a State where marihuana or cannabidiol is legal for medical purposes, and in accordance with such State's law, but that does not use marihuana from federally approved sources, may be considered for purposes of rescheduling marihuana under section 202 of the Controlled Substances Act . <SECTION-HEADER> RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING. This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public. <SECTION-HEADER> DEFINITIONS. In this Act: Authorized patient. The term "authorized patient" means an individual using marihuana in accordance with a prescription by a physician for medical use. Marihuana. Except as provided in section 2(c)(2), the term "marihuana" has the meaning given to such term in section 102 of the Controlled Substances Act , as amended by section 2(b). Physician. The term "physician" means a practitioner of medicine, who graduated from a college of medicine or osteopathy. And is licensed to practice medicine by the appropriate State board. Prescription. The term "prescription" means an instruction written by a medical physician in accordance with applicable State law that authorizes the provision of a medicine or treatment to a patient. State. The term "State" includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

Compassionate Access Act This bill directs the Department of Health and Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer marijuana from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify marijuana. It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical marijuana and in accordance with state law, even if such research uses non-federally approved marijuana. The legislation amends the Controlled Substances Act (CSA) to: exclude cannabidiol (CBD) from the definition of marijuana and remove it from coverage under the CSA. Limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3 on a dry weight basis. And deem marijuana grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable. No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing, a patient, caregiver, or guardian from obtaining, possessing, or transporting, an entity from producing, processing, manufacturing, or distributing, a pharmacy from dispensing. Or a laboratory from testing medical marijuana or CBD in compliance with a state's medical marijuana law. The bill requires the Attorney General to delegate responsibility for registering marijuana researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate marijuana supply for medical research.

Compassionate Access Act

110_s3071

SECTION 1. REQUIREMENT RELATING TO GLOBAL CLIMATE CHANGE. (a) Findings.--Congress finds that-- (1) without the cooperation of other countries, the United States cannot reverse global climate change to ensure the recovery of species that are listed as threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and (2) the ratification of an international agreement by each major carbon emitting country is the likely path towards-- (A) reversing global climate change; and (B) ensuring through applicable laws (including regulations) the recovery of species described in paragraph (1) that are affected by global climate change. (b) Requirement Relating to Global Climate Change.--Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended-- (1) in paragraph (1)(E), by inserting ``subject to paragraph (4),'' before ``other natural''; and (2) by adding at the end the following: ``(4) Requirement relating to global climate change.-- ``(A) Definitions.--In this paragraph: ``(i) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency. ``(ii) Global climate change.--The term `global climate change' includes any significant increase in-- ``(I) global air temperatures; or ``(II) global sea levels. ``(iii) Greenhouse gas.--The term `greenhouse gas' has the meaning given the term in section 1610(a) of the Energy Policy Act of 1992 (42 U.S.C. 13389(a)). ``(iv) Major emitter of greenhouse gas.-- ``(I) In general.--The term `major emitter of greenhouse gas' means any country that the Administrator determines to be a major emitter of greenhouse gas. ``(II) Inclusions.--The term `major emitter of greenhouse gas' includes-- ``(aa) China; ``(bb) India; and ``(cc) the United States. ``(B) Duties of secretary.-- ``(i) Ratification of international agreement.--In determining whether any species is a threatened or endangered species under paragraph (1), the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas has ratified an international agreement to reduce the quantity of greenhouse gases emitted from each major emitter of greenhouse gas. ``(ii) Compliance with international agreement.-- ``(I) Annual determinations.--The Secretary shall, on an annual basis, request the Administrator to determine whether each major emitter of greenhouse gas is in compliance with the international agreement described in clause (i). ``(II) Effects.--If the Administrator determines that any major emitter of greenhouse gas is not in compliance with the international agreement described in clause (i) for the period covered by the determination-- ``(aa) the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas is in compliance with the international agreement; and ``(bb) each species that the Secretary has determined to be a threatened or endangered species under paragraph (1) as the result of global climate change shall not be considered to be a threatened or endangered species until the date described in item (aa).''. (c) Effective Date.--The amendments made by subsection (b) take effect on January 1, 2006.

Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in the determination as to whether a species is threatened or endangered until the Administrator of the Environmental Protection Agency (EPA) notifies the Secretary that: (1) each major emitter of greenhouse gas (GHG) has ratified an international agreement to reduce the quantity of GHGs emitted. And (2) any such emitter found to not to be in compliance with such agreement, in any year, becomes compliant. Makes this Act effective as of January 1, 2006.

A bill to amend the Endangered Species Act of 1973 to temporarily prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in determining whether a species is a threatened or endangered species, and for other purposes.

6,117

610

<SECTION-HEADER> REQUIREMENT RELATING TO GLOBAL CLIMATE CHANGE. Findings. Congress finds that without the cooperation of other countries, the United States cannot reverse global climate change to ensure the recovery of species that are listed as threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 USC. 1533(c)(1)). And the ratification of an international agreement by each major carbon emitting country is the likely path towards reversing global climate change. And ensuring through applicable laws the recovery of species described in paragraph (1) that are affected by global climate change. Requirement Relating to Global Climate Change. Section 4(a) of the Endangered Species Act of 1973 (16 USC. 1533(a)) is amended in paragraph (1)(E), by inserting "subject to paragraph (4)," before "other natural". And by adding at the end the following: Requirement relating to global climate change. Definitions. In this paragraph: Administrator. The term `Administrator' means the Administrator of the Environmental Protection Agency. Global climate change. The term `global climate change' includes any significant increase in global air temperatures. Or global sea levels. Greenhouse gas. The term `greenhouse gas' has the meaning given the term in section 1610(a) of the Energy Policy Act of 1992 (42 USC. 13389(a)). Major emitter of greenhouse gas. In general. The term `major emitter of greenhouse gas' means any country that the Administrator determines to be a major emitter of greenhouse gas. Inclusions. The term `major emitter of greenhouse gas' includes China, India. And the United States. Duties of secretary. Ratification of international agreement. In determining whether any species is a threatened or endangered species under paragraph (1), the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas has ratified an international agreement to reduce the quantity of greenhouse gases emitted from each major emitter of greenhouse gas. Compliance with international agreement. Annual determinations. The Secretary shall, on an annual basis, request the Administrator to determine whether each major emitter of greenhouse gas is in compliance with the international agreement described in clause (i). Effects. If the Administrator determines that any major emitter of greenhouse gas is not in compliance with the international agreement described in clause (i) for the period covered by the determination the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas is in compliance with the international agreement. And each species that the Secretary has determined to be a threatened or endangered species under paragraph (1) as the result of global climate change shall not be considered to be a threatened or endangered species until the date described in item (aa).". Effective Date. The amendments made by subsection (b) take effect on January 1, 2006.

Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in the determination as to whether a species is threatened or endangered until the Administrator of the Environmental Protection Agency (EPA) notifies the Secretary that: (1) each major emitter of greenhouse gas (GHG) has ratified an international agreement to reduce the quantity of GHGs emitted. And (2) any such emitter found to not to be in compliance with such agreement, in any year, becomes compliant. Makes this Act effective as of January 1, 2006.

A bill to amend the Endangered Species Act of 1973 to temporarily prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in determining whether a species is a threatened or endangered species, and for other purposes.

105_hr997

SECTION 1. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 198. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. ``(a) Treatment As Expenses.-- ``(1) In general.--At the election of the taxpayer, qualified environmental remediation expenditures which are paid or incurred by the taxpayer during the taxable year in connection with a trade or business shall be treated as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. ``(2) Limitation.--The amount treated under paragraph (1) as an expense with respect to any qualified contaminated site shall not exceed $500,000 for all taxable years. ``(3) Controlled groups.--Rules similar to the rules of paragraphs (6), (7), and (8) of section 179(d) shall apply for purposes of this subsection. ``(b) 60-Month Amortization of Remaining Environmental Remediation Expenditures.-- ``(1) In general.--At the election of the taxpayer, qualified environmental remediation expenditures-- ``(A) which are paid or incurred by the taxpayer in connection with his trade or business, and ``(B) which are not treated as expenses under subsection (a), may be treated as deferred expenses. ``(2) Amortization of deferred expenses.--In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer pays or incurs such expenditures). Such deferred expenses shall be treated as expenditures which are properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). ``(c) Certain Persons Not Eligible.--A taxpayer shall not be eligible for the treatment under this section with respect to any qualified contaminated site if-- ``(1) at any time on or before the date of the enactment of this section such taxpayer was the owner or operator of any business on such site, ``(2) at any time before, on, or after such date of enactment such taxpayer-- ``(A) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(B) had accepted any hazardous materials for transport to such site, or ``(3) the taxpayer is related to any taxpayer referred to in paragraph (1) or (2). ``(d) Qualified Environmental Remediation Expenditures.--For purposes of this section, the term `qualified environmental remediation expenditure' means any amount (otherwise chargeable to capital account) which is paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer. ``(e) Other Definitions.--For purposes of this section-- ``(1) Qualified contaminated site.-- ``(A) In general.--For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: ``(i) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(ii) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(iii) Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. ``(B) Appropriate agency.--For purposes of subparagraph (A), the appropriate agency is-- ``(i) the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or ``(ii) if the agency described in clause (i) designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. ``(2) Hazardous, toxic, or dangerous substance.--Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), ``(B) the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or ``(C) any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. ``(3) Environmental remediation.--The term `environmental remediation' means-- ``(A) removal or remediation activity, including soil and ground water remediation, ``(B) restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(C) health assessments or health effects studies, ``(D) environmental investigations, ``(E) remediation of off-site contamination caused by activity on the site, and ``(F) any other costs reasonably required by reason of the environmental conditions of the site, including demolition of existing contaminated structures, site security, and permit fees necessary for remediation. ``(4) Related person.--Persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). ``(f) Land and Other Property.--This section shall not apply to any expenditure for-- ``(1) the acquisition or improvement of land, or ``(2) the acquisition or improvement of property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); except that, for purposes of this section, allowances under section 167, and allowances under section 611, shall be treated as expenditures.'' (b) Conforming Amendments.-- (1) Paragraph (14) of section 1016(a) of such Code is amended by inserting ``, or under section 198(b) (relating to qualified environmental remediation expenditures),'' after ``expenditures)''. (2) Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking ``or 193'' and inserting ``193, or 198''. (3) Subparagraph (C) of section 1245(a)(3) of such Code is amended by striking ``or 194'' and inserting ``194, or 198''. (4) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 198. Expensing and rapid amortization for certain environmental remediation expenditures.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit the expensing and amortization of qualified environmental remediation expenses.

To amend the Internal Revenue Code of 1986 to allow expensing and rapid amortization of certain environmental remediation expenditures.

9,295

122

<SECTION-HEADER> EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. In General. Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 198. EXPENSING AND RAPID AMORTIZATION FOR CERTAIN ENVIRONMENTAL REMEDIATION EXPENDITURES. Treatment As Expenses. In general. At the election of the taxpayer, qualified environmental remediation expenditures which are paid or incurred by the taxpayer during the taxable year in connection with a trade or business shall be treated as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. Limitation. The amount treated under paragraph (1) as an expense with respect to any qualified contaminated site shall not exceed $500,000 for all taxable years. Controlled groups. Rules similar to the rules of paragraphs (6), (7), and (8) of section 179(d) shall apply for purposes of this subsection. 60-Month Amortization of Remaining Environmental Remediation Expenditures. In general. At the election of the taxpayer, qualified environmental remediation expenditures which are paid or incurred by the taxpayer in connection with his trade or business, and which are not treated as expenses under subsection (a), may be treated as deferred expenses. Amortization of deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer . Such deferred expenses shall be treated as expenditures which are properly chargeable to capital account for purposes of section 1016(a)(1) . Certain Persons Not Eligible. A taxpayer shall not be eligible for the treatment under this section with respect to any qualified contaminated site if at any time on or before the date of the enactment of this section such taxpayer was the owner or operator of any business on such site, at any time before, on, or after such date of enactment such taxpayer had arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or had accepted any hazardous materials for transport to such site, or the taxpayer is related to any taxpayer referred to in paragraph (1) or (2). Qualified Environmental Remediation Expenditures. For purposes of this section, the term `qualified environmental remediation expenditure' means any amount which is paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer. Other Definitions. For purposes of this section Qualified contaminated site. In general. For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: A release or threatened release of any hazardous, toxic, or dangerous substance. Any storage tanks which contain any hazardous, toxic, or dangerous substance. Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Appropriate agency. For purposes of subparagraph (A), the appropriate agency is the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or if the agency described in clause designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. Hazardous, toxic, or dangerous substance. Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , the Resource Conservation and Recovery Act , or any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. Environmental remediation. The term `environmental remediation' means removal or remediation activity, including soil and ground water remediation, restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, health assessments or health effects studies, environmental investigations, remediation of off-site contamination caused by activity on the site, and any other costs reasonably required by reason of the environmental conditions of the site, including demolition of existing contaminated structures, site security, and permit fees necessary for remediation. Related person. Persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). Land and Other Property. This section shall not apply to any expenditure for the acquisition or improvement of land, or the acquisition or improvement of property of a character which is subject to the allowance under section 167 or section 611. Except that, for purposes of this section, allowances under section 167, and allowances under section 611, shall be treated as expenditures." Conforming Amendments. Paragraph (14) of section 1016(a) of such Code is amended by inserting ", or under section 198(b) ". Subparagraph (C) of section 1245(a)(2) of such Code is amended by striking "or 193" and inserting "193, or 198". Subparagraph (C) of section 1245(a)(3) of such Code is amended by striking "or 194" and inserting "194, or 198". The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: "Section 198. Expensing and rapid amortization for certain environmental remediation expenditures." Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit the expensing and amortization of qualified environmental remediation expenses.

To amend the Internal Revenue Code of 1986 to allow expensing and rapid amortization of certain environmental remediation expenditures.

104_hr2569

SECTION 1. RETURN TO OPERATIONAL STATUS. The Secretary of Energy (in this Act referred to as the ``Secretary'') shall immediately discontinue the shutdown of the Fast Flux Test Facility (in this Act referred to as the ``Facility''), and take action necessary to begin returning the Facility to operational status. To the extent possible, the technical staff shall be retained, and all documents, materials, spare parts, components and capabilities shall be preserved. The Facility shall be maintained in operation by the Secretary for at least 20 years, and for so much longer as it remains capable of performing missions established for it under section 2. SEC. 2. MISSIONS. (a) Task Force.-- (1) Establishment.--The Secretary shall establish a task force, to be composed of one individual each selected by-- (A) the National Academy of Sciences; (B) the American Physical Society; (C) the American Nuclear Society; (D) the College of Nuclear Physicians; and (E) the Nuclear Engineering Department Heads Organization. (2) Duties.--The task force established under paragraph (1) shall, within 6 months after the date of the enactment of this Act, transmit a report to the Congress that establishes a ranked list of missions for the Facility. Such list shall be established in consultation with the operating contractor of the Facility, taking into consideration the widest possible range of potential uses, both governmental and nongovernmental, for the Facility. Such uses shall include the following: (A) Reestablishing world leadership in beneficial nuclear technology and nuclear medicine. (B) The production of medical and other isotopes for use or sale by Federal or non-Federal entities. (C) The production of tritium needed to maintain the safety and reliability of our defense stockpile. (D) Irradiation services to support research and commercial objectives. (E) Demonstration programs to verify fast reactor capability to convert radioactive waste or weapons materials into a safer form. (F) Materials testing and physics research. (G) Service as a training center. (H) The production of steam to be used or sold by Federal or non-Federal entities, and for the testing of steam generators. (3) Travel expenses.--Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Implementation.--The Secretary shall implement the recommendations of the task force as missions of the Facility. SEC. 3. AGREEMENTS. The Secretary may enter into agreements with domestic and foreign entities for participation of such entities in the missions of the Facility. SEC. 4. OPERATIONS CONTRACT. Any contract entered into by the Secretary after the date of the enactment of this Act for the operation of the Facility shall include provisions to-- (1) ensure that all operations and experiments meet applicable safety requirements and acceptance criteria; (2) provide necessary support services to the non-Federal entities that have entered into agreements pursuant to section 3; (3) provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)); (4) indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the Facility. (5) indemnify, protect, and hold harmless the contractor from and against all liability to third parties (including liability for legal costs and for claims for personal injury, illness, property damage, and consequential damages) for negligence arising out of the contractor's performance under the contract, unless such liability was caused by conduct of the contractor which was grossly negligent or which constituted intentional misconduct; and (6) provide for indemnification of subcontractors as described in paragraphs (3), (4), and (5). SEC. 5. EXEMPTION FROM NUCLEAR REGULATORY COMMISSION REGULATION. No activities of the Facility or the operating contractor thereof shall be subject to licensing or other regulation by the Nuclear Regulatory Commission. SEC. 6. FAST FLUX TEST FACILITY FUND. There shall be established in the Treasury a separate fund to be known as the ``Fast Flux Test Facility Fund'', which shall include all appropriations made for the Facility and all funds received for the sale of products or services of the Facility or under agreements entered into under section 3. Amounts in such Fund shall be available, to the extent provided in advance in appropriations Acts, for the activities of the Facility. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the activities of the Facility and of the task force established under section 2(a)(1) $60,000,000 for fiscal year 1996.

Directs the Secretary of Energy to discontinue immediately the shutdown of the Fast Flux Test Facility and return it to operational status. Mandates that the Facility be maintained in operation by the Secretary for at least 20 years, and for so long as it is capable of performing specified missions. Instructs the Secretary to establish a task force to report to the Congress a ranked list of prescribed missions for the Facility. Exempts Facility activities and operating contractors from the licensing and regulatory purview of the Nuclear Regulatory Commission. Establishes the Fast Flux Text Facility Fund in the Treasury. Authorizes appropriations.

To require the Secretary of Energy to immediately begin returning the Fast Flux Test Facility to operational status, identify which missions will be given the highest priority, and prepare the facility to carry out those missions.

5,678

654

<SECTION-HEADER> RETURN TO OPERATIONAL STATUS. The Secretary of Energy shall immediately discontinue the shutdown of the Fast Flux Test Facility , and take action necessary to begin returning the Facility to operational status. To the extent possible, the technical staff shall be retained, and all documents, materials, spare parts, components and capabilities shall be preserved. The Facility shall be maintained in operation by the Secretary for at least 20 years, and for so much longer as it remains capable of performing missions established for it under section 2. <SECTION-HEADER> MISSIONS. Task Force. Establishment. The Secretary shall establish a task force, to be composed of one individual each selected by the National Academy of Sciences, the American Physical Society, the American Nuclear Society, the College of Nuclear Physicians. And the Nuclear Engineering Department Heads Organization. Duties. The task force established under paragraph (1) shall, within 6 months after the date of the enactment of this Act, transmit a report to the Congress that establishes a ranked list of missions for the Facility. Such list shall be established in consultation with the operating contractor of the Facility, taking into consideration the widest possible range of potential uses, both governmental and nongovernmental, for the Facility. Such uses shall include the following: Reestablishing world leadership in beneficial nuclear technology and nuclear medicine. The production of medical and other isotopes for use or sale by Federal or non-Federal entities. The production of tritium needed to maintain the safety and reliability of our defense stockpile. Irradiation services to support research and commercial objectives. Demonstration programs to verify fast reactor capability to convert radioactive waste or weapons materials into a safer form. Materials testing and physics research. Service as a training center. The production of steam to be used or sold by Federal or non-Federal entities, and for the testing of steam generators. Travel expenses. Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. Implementation. The Secretary shall implement the recommendations of the task force as missions of the Facility. <SECTION-HEADER> AGREEMENTS. The Secretary may enter into agreements with domestic and foreign entities for participation of such entities in the missions of the Facility. <SECTION-HEADER> OPERATIONS CONTRACT. Any contract entered into by the Secretary after the date of the enactment of this Act for the operation of the Facility shall include provisions to ensure that all operations and experiments meet applicable safety requirements and acceptance criteria. Provide necessary support services to the non-Federal entities that have entered into agreements pursuant to section 3. Provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 USC. 2210(d)). Indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the Facility. indemnify, protect, and hold harmless the contractor from and against all liability to third parties for negligence arising out of the contractor's performance under the contract, unless such liability was caused by conduct of the contractor which was grossly negligent or which constituted intentional misconduct. And provide for indemnification of subcontractors as described in paragraphs (3), (4), and (5). <SECTION-HEADER> EXEMPTION FROM NUCLEAR REGULATORY COMMISSION REGULATION. No activities of the Facility or the operating contractor thereof shall be subject to licensing or other regulation by the Nuclear Regulatory Commission. <SECTION-HEADER> FAST FLUX TEST FACILITY FUND. There shall be established in the Treasury a separate fund to be known as the "Fast Flux Test Facility Fund", which shall include all appropriations made for the Facility and all funds received for the sale of products or services of the Facility or under agreements entered into under section 3. Amounts in such Fund shall be available, to the extent provided in advance in appropriations Acts, for the activities of the Facility. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the activities of the Facility and of the task force established under section 2(a)(1) $60,000,000 for fiscal year 1996.

Directs the Secretary of Energy to discontinue immediately the shutdown of the Fast Flux Test Facility and return it to operational status. Mandates that the Facility be maintained in operation by the Secretary for at least 20 years, and for so long as it is capable of performing specified missions. Instructs the Secretary to establish a task force to report to the Congress a ranked list of prescribed missions for the Facility. Exempts Facility activities and operating contractors from the licensing and regulatory purview of the Nuclear Regulatory Commission. Establishes the Fast Flux Text Facility Fund in the Treasury. Authorizes appropriations.

To require the Secretary of Energy to immediately begin returning the Fast Flux Test Facility to operational status, identify which missions will be given the highest priority, and prepare the facility to carry out those missions.

111_s3357

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Birth Control Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. (2) Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. (3) Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. (4) Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to emergency contraception for individuals aged 17 and older. (6) If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman's chance of unintended pregnancy. (7) Emergency contraception works like other hormonal birth control by preventing pregnancy. It also does not harm or terminate an already-established pregnancy. (8) Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual's personal beliefs. (9) Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. SEC. 3. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. ``(a) In General.--Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: ``(1) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. ``(2) If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: ``(A) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall-- ``(i) locate a pharmacy of the customer's choice or the closest pharmacy confirmed to have the contraceptive in stock; and ``(ii) refer the customer or transfer the prescription to that pharmacy. ``(B) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy's standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. ``(3) The pharmacy shall ensure that its employees do not-- ``(A) intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception; ``(B) interfere with or obstruct the delivery of services relating to a request for contraception; ``(C) intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action; ``(D) breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality; or ``(E) refuse to return a valid, lawful prescription for contraception upon customer request. ``(b) Contraceptives Not Ordinarily Stocked.--Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. ``(c) Refusals Pursuant to Standard Pharmacy Practice.--This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: ``(1) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. ``(2) If the customer is unable to pay for the contraceptive. ``(3) If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. ``(d) Rule of Construction.--Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. ``(e) Preemption.--This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. ``(f) Enforcement.-- ``(1) Civil penalty.--A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. ``(2) Private cause of action.--Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. ``(3) Limitations.--A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. ``(g) Definitions.--In this section: ``(1) The term `contraception' or `contraceptive' means any drug or device approved by the Food and Drug Administration to prevent pregnancy. ``(2) The term `employee' means a person hired, by contract or any other form of an agreement, by a pharmacy. ``(3) The term `pharmacy' means an entity that-- ``(A) is authorized by a State to engage in the business of selling prescription drugs at retail; and ``(B) employs one or more employees. ``(4) The term `product' means a Food and Drug Administration-approved drug or device. ``(5) The term `professional clinical judgment' means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. ``(6) The term `without delay', with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. ``(h) Effective Date.--This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section.''.

Access to Birth Control Act - Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock. (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business. And (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription. Provides that a pharmacy is not prohibited from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented, (2) the customer is unable to pay for the contraceptive. Or (3) the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Provides that this Act does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Sets forth civil penalties and establishes a a private cause of action for violations of this Act.

A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, and for other purposes.

9,427

1,747

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Access to Birth Control Act". <SECTION-HEADER> FINDINGS. Congress finds as follows: Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to emergency contraception for individuals aged 17 and older. If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman's chance of unintended pregnancy. Emergency contraception works like other hormonal birth control by preventing pregnancy. It also does not harm or terminate an already-established pregnancy. Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual's personal beliefs. Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. <SECTION-HEADER> DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. Part B of title II of the Public Health Service Act is amended by adding at the end the following: "Section 249. DUTIES OF PHARMACIES TO ENSURE PROVISION OF FDA-APPROVED CONTRACEPTION. In General. Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall locate a pharmacy of the customer's choice or the closest pharmacy confirmed to have the contraceptive in stock. And refer the customer or transfer the prescription to that pharmacy. If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy's standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. The pharmacy shall ensure that its employees do not intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception. Interfere with or obstruct the delivery of services relating to a request for contraception. Intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action. Breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality. Or refuse to return a valid, lawful prescription for contraception upon customer request. Contraceptives Not Ordinarily Stocked. Nothing in subsection (2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. Refusals Pursuant to Standard Pharmacy Practice. This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. If the customer is unable to pay for the contraceptive. If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Rule of Construction. Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. Preemption. This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. Enforcement. Civil penalty. A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. Private cause of action. Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. Limitations. A civil action under paragraph (1) or may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. Definitions. In this section: The term `contraception' or `contraceptive' means any drug or device approved by the Food and Drug Administration to prevent pregnancy. The term `employee' means a person hired, by contract or any other form of an agreement, by a pharmacy. The term `pharmacy' means an entity that is authorized by a State to engage in the business of selling prescription drugs at retail. And employs one or more employees. The term `product' means a Food and Drug Administration-approved drug or device. The term `professional clinical judgment' means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. The term `without delay', with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. Effective Date. This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section.".

Access to Birth Control Act - Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock. (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business. And (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription. Provides that a pharmacy is not prohibited from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented, (2) the customer is unable to pay for the contraceptive. Or (3) the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Provides that this Act does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Sets forth civil penalties and establishes a a private cause of action for violations of this Act.

A bill to establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, and for other purposes.

107_s578

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Merger Moratorium Act''. SEC. 2. MORATORIUM ON AIRLINE MERGERS. (a) In General.--During the 2-year period beginning on January 1, 2001, a major air carrier may not acquire directly or indirectly, any voting securities or assets of any other air carrier that would result in its having control of that other air carrier (or the assets of that air carrier), nor may a major air carrier be merged with another air carrier in any other form of transaction, if the resulting air carrier would have 10 percent or more of all enplanements in the United States, based on the most recently available data from the Department of Transportation. (b) Enforcement.--An acquisition or merger described in subsection (a) is deemed to be an unfair method of competition for purposes of section 41712 of title 49, United States Code. SEC. 3. MORATORIUM ON MERGER-RELATED CHANGES IN OPERATING AUTHORITY. (a) In General.--During the 2-year period described in section 2(a), the Secretary of Transportation may not-- (1) issue any new operating authority described in subsection (b) that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier; or (2) make or permit any changes in the operating authorities described in subsection (b) for a major air carrier if that change relates to, or is in connection with, that air carrier's acquisition of, or merger with, another air carrier. (b) Embargoed Operating Authorities.--The operating authorities to which subsection (a) applies are the following: (1) Operating certificates.--A certificate issued under chapter 411 of title 49, United States Code. (2) International route authorities.--A permit to provide foreign air transportation. (3) Slots.--Slots or slot exemptions. SEC. 4. ALLIANCES; CODE-SHARING; JOINT VENTURES. During the 2-year period described in section 2-- (1) the Secretary may not approve any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to an acquisition or merger described in section 2(a); and (2) no joint venture agreement described in section 41720(a)(1) of title 49, United States Code, that relates to, or is executed in connection with, an acquisition or merger described in section 2 may take effect. SEC. 5. EXCEPTIONS. (a) Small Carriers.--Sections 2, 3, and 4 do not apply to the operating authority for any air carrier (as defined in section 40102(a)(2) of title 49, United States Code) that is certified under chapter 411 of that title to provide air transportation of passengers that acquires or is acquired or merged with another air carrier unless the air carrier formed by the acquisition or merger would have 10 percent or more of all passenger enplanements in the United States, based on the most recently available data from the Department of Transportation. (b) Safety.--Nothing in section 3 prohibits any safety-related change in any operating authority described in that section. (c) Slots for New Entrants.--Section 3(b)(3) does not prohibit any change in a slot or slot exemption for the purpose of accommodating flight operations by-- (1) a new entrant air carrier (as defined in section 41714(h)(3) of title 49, United States Code); or (2) an air carrier that-- (A) is not involved in an acquisition or merger described in section 2; and (B) is operating service at a small hub airport or a medium hub airport, as such terms are defined in section 41714(h)(8) and (9), respectively, of title 49, United States Code, using aircraft with 71 or fewer seats. SEC. 6. DEFINITIONS. In this Act: (1) Major air carrier.--The term ``major air carrier'' means an air carrier certificated under section 41102 of title 49, United States Code, to provide air transportation of passengers that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of each year, as reported to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations, and identified as a reporting carrier periodically in accounting and reporting directives issued by the Office of Airline Information. (2) Change.--The term ``change'' includes issuance, denial, amendment, modification, suspension, revocation, and transfer, including de facto transfers of control of international operating authority through acquisition or merger. (3) Acquisition.--The term ``acquisition'' means acquisition of assets or stock and includes any assumption of indebtedness. (4) Merger.--The term ``merger'' includes any arrangement, whether through the use of a holding company, parent-subsidiary corporations, joint venture structure, or otherwise under which 2 or more entities are placed under common control. (5) Control.--With respect to whether a corporation or other entity is considered to be controlled by another corporation or other entity, the term `control' means that more than 10 percent of the ownership, voting rights, capital stock, or other pecuniary interest in that corporation or entity is owned, held, or controlled, directly or indirectly, by such other corporation or entity. (6) Passenger enplanements.--The term ``passenger enplanements'' means the average annual number of passenger enplanements as determined by the Department of Transportation for statistical purposes. SEC. 7. DEPARTMENT OF TRANSPORTATION STUDY. The Secretary of Transportation, during the 2-year period described in section 2(a), shall conduct a study to evaluate and determine the impact that consolidations and mergers in the airline industry to date have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities. The Secretary shall report the Secretary's findings and conclusions, together with any recommendations, to the Congress within 30 days after the end of the 2-year period described in section 2(a).

Airline Merger Moratorium Act - Prohibits, for a specified two-year period, a major air carrier from acquiring directly or indirectly any voting securities or assets of any other air carrier that would result in its having control of the other air carrier , or from being merged with another air carrier in any other form of transaction, if such merger results in the air carrier's having ten percent or more of all enplanements in the United States. Deems such acquisition or merger an unfair method of competition for purposes of an investigation by the Secretary of Transportation into whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation. Prohibits the Secretary, during such period, from: (1) issuing any new operating authority (domestic and international operating certificates, or slots or slot exemptions ,or making or permitting any changes in such authorities, that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier. And (2) approving any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to such acquisition or merger. Prohibits the taking effect during such period of any joint venture agreement between two or more major air carriers with regard to code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by major air carriers. Sets forth specified exceptions to such prohibitions. Directs the Secretary to study and report to Congress on the impact that consolidations and mergers in the airline industry have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities.

A bill to prohibit the Secretary of Transportation from amending or otherwise modifying the operating certificates of major air carriers in connection with a merger or acquisition for a period of 2 years, and for other purposes.

6,737

2,043

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Airline Merger Moratorium Act". <SECTION-HEADER> MORATORIUM ON AIRLINE MERGERS. In General. During the 2-year period beginning on January 1, 2001, a major air carrier may not acquire directly or indirectly, any voting securities or assets of any other air carrier that would result in its having control of that other air carrier , nor may a major air carrier be merged with another air carrier in any other form of transaction, if the resulting air carrier would have 10 percent or more of all enplanements in the United States, based on the most recently available data from the Department of Transportation. Enforcement. An acquisition or merger described in subsection is deemed to be an unfair method of competition for purposes of section 41712 of title 49, United States Code. <SECTION-HEADER> MORATORIUM ON MERGER-RELATED CHANGES IN OPERATING AUTHORITY. In General. During the 2-year period described in section 2(a), the Secretary of Transportation may not issue any new operating authority described in subsection (b) that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier. Or make or permit any changes in the operating authorities described in subsection (b) for a major air carrier if that change relates to, or is in connection with, that air carrier's acquisition of, or merger with, another air carrier. Embargoed Operating Authorities. The operating authorities to which subsection (a) applies are the following: Operating certificates. A certificate issued under chapter 411 of title 49, United States Code. International route authorities. A permit to provide foreign air transportation. Slots. Slots or slot exemptions. <SECTION-HEADER> ALLIANCES, CODE-SHARING. JOINT VENTURES. During the 2-year period described in section 2 the Secretary may not approve any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to an acquisition or merger described in section 2(a). And no joint venture agreement described in section 41720(a)(1) of title 49, United States Code, that relates to, or is executed in connection with, an acquisition or merger described in section 2 may take effect. <SECTION-HEADER> EXCEPTIONS. Small Carriers. Sections 2, 3, and 4 do not apply to the operating authority for any air carrier (as defined in section 40102(a) that is certified under chapter 411 of that title to provide air transportation of passengers that acquires or is acquired or merged with another air carrier unless the air carrier formed by the acquisition or merger would have 10 percent or more of all passenger enplanements in the United States, based on the most recently available data from the Department of Transportation. Safety. Nothing in section 3 prohibits any safety-related change in any operating authority described in that section. Slots for New Entrants. Section 3(b)(3) does not prohibit any change in a slot or slot exemption for the purpose of accommodating flight operations by a new entrant air carrier (as defined in section 41714(h). Or an air carrier that is not involved in an acquisition or merger described in section 2. And is operating service at a small hub airport or a medium hub airport, as such terms are defined in section 41714(h)(8) and (9), respectively, of title 49, United States Code, using aircraft with 71 or fewer seats. <SECTION-HEADER> DEFINITIONS. In this Act: Major air carrier. The term "major air carrier" means an air carrier certificated under section 41102 of title 49, United States Code, to provide air transportation of passengers that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of each year, as reported to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations, and identified as a reporting carrier periodically in accounting and reporting directives issued by the Office of Airline Information. Change. The term "change" includes issuance, denial, amendment, modification, suspension, revocation, and transfer, including de facto transfers of control of international operating authority through acquisition or merger. Acquisition. The term "acquisition" means acquisition of assets or stock and includes any assumption of indebtedness. Merger. The term "merger" includes any arrangement, whether through the use of a holding company, parent-subsidiary corporations, joint venture structure, or otherwise under which 2 or more entities are placed under common control. Control. With respect to whether a corporation or other entity is considered to be controlled by another corporation or other entity, the term `control' means that more than 10 percent of the ownership, voting rights, capital stock, or other pecuniary interest in that corporation or entity is owned, held, or controlled, directly or indirectly, by such other corporation or entity. Passenger enplanements. The term "passenger enplanements" means the average annual number of passenger enplanements as determined by the Department of Transportation for statistical purposes. <SECTION-HEADER> DEPARTMENT OF TRANSPORTATION STUDY. The Secretary of Transportation, during the 2-year period described in section 2(a), shall conduct a study to evaluate and determine the impact that consolidations and mergers in the airline industry to date have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities. The Secretary shall report the Secretary's findings and conclusions, together with any recommendations, to the Congress within 30 days after the end of the 2-year period described in section 2(a).

Airline Merger Moratorium Act - Prohibits, for a specified two-year period, a major air carrier from acquiring directly or indirectly any voting securities or assets of any other air carrier that would result in its having control of the other air carrier , or from being merged with another air carrier in any other form of transaction, if such merger results in the air carrier's having ten percent or more of all enplanements in the United States. Deems such acquisition or merger an unfair method of competition for purposes of an investigation by the Secretary of Transportation into whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation. Prohibits the Secretary, during such period, from: (1) issuing any new operating authority (domestic and international operating certificates, or slots or slot exemptions ,or making or permitting any changes in such authorities, that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier. And (2) approving any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to such acquisition or merger. Prohibits the taking effect during such period of any joint venture agreement between two or more major air carriers with regard to code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by major air carriers. Sets forth specified exceptions to such prohibitions. Directs the Secretary to study and report to Congress on the impact that consolidations and mergers in the airline industry have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities.

A bill to prohibit the Secretary of Transportation from amending or otherwise modifying the operating certificates of major air carriers in connection with a merger or acquisition for a period of 2 years, and for other purposes.

107_s435

SECTION 1. FINDINGS. Congress makes the following findings: (1) The international traffic in illicit drugs, particularly along the Southwest Border, poses a serious threat to the national security of the United States and to every nation where the production, transit, or consumption of such drugs occurs. (2) The United States considers combating international drug cartels to be one of its highest national security and foreign policy priorities. (3) In order to reduce and eliminate the illicit drug trade, the United States and countries where substantial production or transit of such drugs occurs must cooperate to eradicate and interdict supplies of such drugs and to penetrate the operations of major drug traffickers. (4) It is in the national interest that the President explore all possible mechanisms, including bilateral agreements and other plans on counternarcotics matters, in order to facilitate cooperation in joint counternarcotics programs and to better assist other governments in developing effective counternarcotics programs within their territories. (5) The bilateral agreements and other plans on counternarcotics matters to which the United States is a party should establish concrete and measurable goals with transparent benchmarks for measuring progress in the achievement of such goals. SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG AGREEMENTS AND PLANS WITH THE UNITED STATES. (a) In General.--Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2991j) is amended by adding at the end the following new subsection: ``(i) Inapplicability to Certain Countries Having Bilateral Counterdrug Agreements and Plans With the United States.-- ``(1) Inapplicability.--Subsections (a) through (g) shall not apply in a fiscal year to a country to which such subsections would otherwise apply in that fiscal year if the President determines, not later than December 31 of that fiscal year, that-- ``(A) the country is a party to a bilateral agreement and other plans with the United States, which agreement and plans together-- ``(i) are consistent with the goals and objectives established by international agreements on the illicit trafficking and abuse of narcotics and psychotropic drugs to which the United States and the country are parties; ``(ii) address issues relating to the control of illicit drugs, including production, distribution, and interdiction, demand reduction, the activities of criminal organizations, cooperation among law enforcement agencies (including the exchange of information and evidence), extradition of individuals involved in drug-related criminal activity, border security, money laundering, firearms trafficking, corruption, control of chemicals, asset forfeiture, and training and technical assistance; and ``(iii) include timetables and objective and measurable standards to assess the progress made by both countries with respect to such issues; and ``(B) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs. ``(2) Consultation.--The President shall make any determination under paragraph (1) after consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, the Director of the Office of National Drug Control Policy, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Immigration and Naturalization, and the Commissioner of Customs. ``(3) Reports.--Not later than December 31 and June 30 of a fiscal year, the President shall submit to Congress a report on the progress made with respect to the control of illicit drugs by each country determined to be covered by paragraph (1) for that fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to the withholding of bilateral assistance and opposition to multilateral assistance under section 490 of the Foreign Assistance Act of 1961 for fiscal years beginning after that date.

Amends the Foreign Assistance Act of 1961 with respect to certain annual presidential certifications to Congress required to allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance, provided certain conditions are met. Waives application of certification requirements to such a country if the President determines that: (1) it is a party to a bilateral agreement and other illicit drug control plans with the United States. And (2) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs.

A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes.

5,251

642

<SECTION-HEADER> FINDINGS. Congress makes the following findings: The international traffic in illicit drugs, particularly along the Southwest Border, poses a serious threat to the national security of the United States and to every nation where the production, transit, or consumption of such drugs occurs. The United States considers combating international drug cartels to be one of its highest national security and foreign policy priorities. In order to reduce and eliminate the illicit drug trade, the United States and countries where substantial production or transit of such drugs occurs must cooperate to eradicate and interdict supplies of such drugs and to penetrate the operations of major drug traffickers. It is in the national interest that the President explore all possible mechanisms, including bilateral agreements and other plans on counternarcotics matters, in order to facilitate cooperation in joint counternarcotics programs and to better assist other governments in developing effective counternarcotics programs within their territories. The bilateral agreements and other plans on counternarcotics matters to which the United States is a party should establish concrete and measurable goals with transparent benchmarks for measuring progress in the achievement of such goals. <SECTION-HEADER> INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG AGREEMENTS AND PLANS WITH THE UNITED STATES. In General. Section 490 of the Foreign Assistance Act of 1961 is amended by adding at the end the following new subsection: Inapplicability to Certain Countries Having Bilateral Counterdrug Agreements and Plans With the United States. Inapplicability. Subsections (a) through (g) shall not apply in a fiscal year to a country to which such subsections would otherwise apply in that fiscal year if the President determines, not later than December 31 of that fiscal year, that the country is a party to a bilateral agreement and other plans with the United States, which agreement and plans together are consistent with the goals and objectives established by international agreements on the illicit trafficking and abuse of narcotics and psychotropic drugs to which the United States and the country are parties. Address issues relating to the control of illicit drugs, including production, distribution, and interdiction, demand reduction, the activities of criminal organizations, cooperation among law enforcement agencies , extradition of individuals involved in drug-related criminal activity, border security, money laundering, firearms trafficking, corruption, control of chemicals, asset forfeiture, and training and technical assistance. And include timetables and objective and measurable standards to assess the progress made by both countries with respect to such issues. And progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs. Consultation. The President shall make any determination under paragraph (1) after consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, the Director of the Office of National Drug Control Policy, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Immigration and Naturalization, and the Commissioner of Customs. Reports. Not later than December 31 and June 30 of a fiscal year, the President shall submit to Congress a report on the progress made with respect to the control of illicit drugs by each country determined to be covered by paragraph (1) for that fiscal year.". Effective Date. The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to the withholding of bilateral assistance and opposition to multilateral assistance under section 490 of the Foreign Assistance Act of 1961 for fiscal years beginning after that date.

Amends the Foreign Assistance Act of 1961 with respect to certain annual presidential certifications to Congress required to allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance, provided certain conditions are met. Waives application of certification requirements to such a country if the President determines that: (1) it is a party to a bilateral agreement and other illicit drug control plans with the United States. And (2) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs.

A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes.

112_hr1124

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Taxation Act of 2011''. SEC. 2. INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000 TAXABLE INCOME. (a) In General.-- (1) Married individuals filing joint returns and surviving spouses.--The table contained in subsection (a) of section 1 is amended to read as follows: If taxable income is: The tax is: Not over $69,000............... 15% of taxable income. Over $69,000 but not over $139,350. $10,350, plus 28% of the excess over $69,000. Over $139,350 but not over $212,300. $30,048, plus 31% of the excess over $139,350. Over $212,300 but not over $379,150. $52,662.50, plus 36% of the excess over $212,300. Over $379,150 but not over $1,000,000. $112,728.50, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $358,585.10, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,408,585.10, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,008,585.10, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,608,585.10, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,608,585.10, plus 49% over the excess over $1,000,000,000. (2) Heads of household.--The table contained in subsection (b) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $46,250............... 15% of taxable income. Over $46,250 but not over $119,400. $6,937.50, plus 28% of the excess over $46,250. Over $119,400 but not over $193,350. $27,419.50, plus 31% of the excess over $119,400. Over $193,350 but not over $379,150. $50,344, plus 36% of the excess over $193,350. Over $379,150 but not over $1,000,000. $117,232, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $363,088.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,413,088.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,013,088.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,613,088.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,613,088.60, plus 49% of the excess over $1,000,000,000. (3) Unmarried individuals (other than surviving spouses and heads of households).--The table contained in subsection (c) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... 15% of taxable income. Over $34,500 but not over $83,600. $5,175, plus 28% of the excess over $34,500. Over $83,600 but not over $174,400. $18,923, plus 31% of the excess over $83,600. Over $174,400 but not over $379,150. $47,071, plus 36% of the excess over $174,400. Over $379,150 but not over $1,000,000. $120,781, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $366,637.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,416,637.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,016,637.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,616,637.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,616,637.60, plus 49% of the excess over $1,000,000,000. (4) Married individuals filing separate returns.--The table contained in subsection (d) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... plus 15% of taxable income. Over $34,500 but not over $69,675. $5,175, plus 28% of the excess over $34,500. Over $69,675 but not over $106,150. $15,024, plus 31% of the excess over $69,675. Over $106,150 but not over $189,575. $26,331.25, plus 35% of the excess over $106,150. Over $189,575 but not over $500,000. $55,530, plus 39.6% of the excess over $189,575. Over $500,000 but not over $5,000,000. $178,458.30, plus 45% of the excess over $500,000. Over $5,000,000 but not over $10,000,000. $2,203,458.30, plus 46% of the excess over $5,000,000. Over $10,000,000 but not over $50,000,000. $4,503,458.30, plus 47% of the excess over $10,000,000. Over $50,000,000 but not over $500,000,000. $23,303,458.30, plus 48% of the excess over $50,000,000. Over $500,000,000.............. $239,303,458.30, plus 49% of the excess over $500,000,000. (b) Recapture of Lower Capital Gains Rates for Individuals Subject to Added Rate Brackets.-- (1) In general.--Section 1 of such Code is amended by adding at the end the following new subsection: ``(j) Special Rule for Capital Gains in Case of Taxable Income Subject to at Least 45-Percent Rate Bracket.--If for the taxable year a taxpayer has taxable income in excess of the minimum dollar amount for the 45-percent rate bracket and has a net capital gain, then-- ``(1) the tax imposed by this section for the taxable year with respect to such excess shall be determined without regard to subsection (h), and ``(2) the amount of net capital gain of the taxpayer taken into account for the taxable year under subsection (h) shall be reduced by the lesser of-- ``(A) such excess, or ``(B) the net capital gain for the taxable year. Any reduction in net capital gain under the preceding sentence shall be allocated between adjusted net capital gain, unrecaptured 1250 gain, and section 1202 gain in amounts proportionate to the amounts of each such gain.''. (2) Conforming amendment.--Paragraph (1) of section 1(h) of such Code is amended by striking ``If a taxpayer has'' and inserting ``Except to the extent provided in subsection (j), if a taxpayer has''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Fairness in Taxation Act of 2011 - Amends the Internal Revenue Code to: (1) increase individual income tax rates for taxpayers whose taxable income exceeds $1 million, and (2) provide for an adjustment in the capital gains tax of taxpayers whose taxable income is subject to the 45 tax bracket.

To amend the Internal Revenue Code of 1986 to impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income, and for other purposes.

10,796

294

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fairness in Taxation Act of 2011". <SECTION-HEADER> INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000 TAXABLE INCOME. In General. Married individuals filing joint returns and surviving spouses. The table contained in subsection (a) of section 1 is amended to read as follows: If taxable income is: The tax is: Not over $69,000........ 15 of taxable income. Over $69,000 but not over $139,350. $10,350, plus 28 of the excess over $69,000. Over $139,350 but not over $212,300. $30,048, plus 31 of the excess over $139,350. Over $212,300 but not over $379,150. $52,662.50, plus 36 of the excess over $212,300. Over $379,150 but not over $1,000,000. $112,728.50, plus 39.6 of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $358,585.10, plus 45 of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,408,585.10, plus 46 of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,008,585.10, plus 47 of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,608,585.10, plus 48 of the excess over $100,000,000. Over $1,000,000,000...... $478,608,585.10, plus 49 over the excess over $1,000,000,000. Heads of household. The table contained in subsection of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $46,250........ 15 of taxable income. Over $46,250 but not over $119,400. $6,937.50, plus 28 of the excess over $46,250. Over $119,400 but not over $193,350. $27,419.50, plus 31 of the excess over $119,400. Over $193,350 but not over $379,150. $50,344, plus 36 of the excess over $193,350. Over $379,150 but not over $1,000,000. $117,232, plus 39.6 of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $363,088.60, plus 45 of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,413,088.60, plus 46 of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,013,088.60, plus 47 of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,613,088.60, plus 48 of the excess over $100,000,000. Over $1,000,000,000...... $478,613,088.60, plus 49 of the excess over $1,000,000,000. Unmarried individuals . The table contained in subsection (c) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500........ 15 of taxable income. Over $34,500 but not over $83,600. $5,175, plus 28 of the excess over $34,500. Over $83,600 but not over $174,400. $18,923, plus 31 of the excess over $83,600. Over $174,400 but not over $379,150. $47,071, plus 36 of the excess over $174,400. Over $379,150 but not over $1,000,000. $120,781, plus 39.6 of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $366,637.60, plus 45 of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,416,637.60, plus 46 of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,016,637.60, plus 47 of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,616,637.60, plus 48 of the excess over $100,000,000. Over $1,000,000,000...... $478,616,637.60, plus 49 of the excess over $1,000,000,000. Married individuals filing separate returns. The table contained in subsection (d) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500........ plus 15 of taxable income. Over $34,500 but not over $69,675. $5,175, plus 28 of the excess over $34,500. Over $69,675 but not over $106,150. $15,024, plus 31 of the excess over $69,675. Over $106,150 but not over $189,575. $26,331.25, plus 35 of the excess over $106,150. Over $189,575 but not over $500,000. $55,530, plus 39.6 of the excess over $189,575. Over $500,000 but not over $5,000,000. $178,458.30, plus 45 of the excess over $500,000. Over $5,000,000 but not over $10,000,000. $2,203,458.30, plus 46 of the excess over $5,000,000. Over $10,000,000 but not over $50,000,000. $4,503,458.30, plus 47 of the excess over $10,000,000. Over $50,000,000 but not over $500,000,000. $23,303,458.30, plus 48 of the excess over $50,000,000. Over $500,000,000....... $239,303,458.30, plus 49 of the excess over $500,000,000. Recapture of Lower Capital Gains Rates for Individuals Subject to Added Rate Brackets. In general. Section 1 of such Code is amended by adding at the end the following new subsection: Special Rule for Capital Gains in Case of Taxable Income Subject to at Least 45-Percent Rate Bracket. If for the taxable year a taxpayer has taxable income in excess of the minimum dollar amount for the 45-percent rate bracket and has a net capital gain, then the tax imposed by this section for the taxable year with respect to such excess shall be determined without regard to subsection (h), and the amount of net capital gain of the taxpayer taken into account for the taxable year under subsection (h) shall be reduced by the lesser of such excess, or the net capital gain for the taxable year. Any reduction in net capital gain under the preceding sentence shall be allocated between adjusted net capital gain, unrecaptured 1250 gain, and section 1202 gain in amounts proportionate to the amounts of each such gain.". Conforming amendment. Paragraph (1) of section 1(h) of such Code is amended by striking "If a taxpayer has" and inserting "Except to the extent provided in subsection (j), if a taxpayer has". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Fairness in Taxation Act of 2011 - Amends the Internal Revenue Code to: (1) increase individual income tax rates for taxpayers whose taxable income exceeds $1 million, and (2) provide for an adjustment in the capital gains tax of taxpayers whose taxable income is subject to the 45 tax bracket.

To amend the Internal Revenue Code of 1986 to impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income, and for other purposes.

110_hr4174

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Ocean Acidification Research And Monitoring Act of 2008'' or the ``FOARAM Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Interagency subcommittee. Sec. 5. Strategic research plan. Sec. 6. NOAA ocean acidification activities. Sec. 7. NSF ocean acidification activities. Sec. 8. NASA ocean acidification activities. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The oceans help regulate atmospheric chemistry by acting as the largest sink for carbon dioxide. (2) The rapid increase in atmospheric carbon dioxide is overwhelming the natural ability of the oceans to absorb this gas. (3) The influx of carbon dioxide into the atmosphere and the subsequent absorption by the oceans is changing surface ocean carbon chemistry and lowering the pH. These changes in ocean chemistry are detrimental to organisms including corals, which support one of the richest habitats on Earth, marine shellfish, and many other organisms that form the base of the food chain for many fish and marine mammals. (4) The rich biodiversity of marine organisms is an important contribution to the national economy and the change in ocean chemistry threatens tourism, our fisheries, and marine environmental quality, and could result in significant social and economic costs. (5) Existing Federal programs support research in related ocean chemistry, but gaps in funding, coordination, and outreach have impeded national progress in addressing ocean acidification. (6) National investment in a coordinated program of research and monitoring would improve the understanding of ocean acidification effects on whole ecosystems, advance our knowledge of the socioeconomic impacts of increased ocean acidification, and strengthen the ability of marine resource managers to assess and prepare for the harmful impacts of ocean acidification on our marine resources. (b) Purposes.--The purposes of this Act are to provide for-- (1) development and coordination of a comprehensive interagency plan to-- (A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; and (B) establish an interagency research and monitoring program on ocean acidification; (2) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and (3) research on adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. SEC. 3. DEFINITIONS. In this Act: (1) Ocean acidification.--The term ``ocean acidification'' means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (3) Subcommittee.--The term ``Subcommittee'' means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. SEC. 4. INTERAGENCY SUBCOMMITTEE. (a) Designation.--The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification. (b) Duties.--The Subcommittee shall-- (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act and oversee the implementation of the plan; (2) oversee the development of-- (A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; and (B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification; (3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources; (4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; and (5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. (c) Reports to Congress.-- (1) Initial report.--Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that-- (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) describes the progress in developing the plan required under section 5 of this Act. (2) Biennial report.--Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes-- (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5. (3) Strategic research plan.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. SEC. 5. STRATEGIC RESEARCH PLAN. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). (b) Contents of the Plan.--The plan shall-- (1) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will-- (A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems; (B) improve the ability to assess the socioeconomic impacts of ocean acidification; and (C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems; (2) describe specific activities, including-- (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; (D) technology and methods development; (E) data collection; (F) database development; (G) modeling activities; (H) assessment of ocean acidification impacts; and (I) participation in international research efforts; (3) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan; (4) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities; (5) make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations; (6) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan; (7) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; and (8) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. (c) Program Elements.--The plan shall include at a minimum the following program elements: (1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize-- (A) marine ecosystems; (B) changes in marine productivity; and (C) changes in surface ocean chemistry. (2) Research to understand the species specific physiological response of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification. (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms. (4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. (5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. (d) National Academy of Sciences Evaluation.--The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan. (e) Public Participation.--In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES. The Secretary shall conduct research and monitoring activities and may establish a program on ocean acidification within the National Oceanic and Atmospheric Administration consistent with the strategic research plan developed by the Subcommittee under section 5 that-- (1) includes-- (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification; (B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program; (C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification; (D) as an integral part of the research programs described in this Act, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification; (E) as an integral part of the research programs described in this Act, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources; and (F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others; (2) provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; and (3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES. (a) Research Activities.--The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidification and its impacts, including-- (1) impacts on marine organisms and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; and (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts. (b) Consistency.--The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations. SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES. (a) Ocean Acidification Activities.--The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. (b) Program Consistency.--The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) NOAA.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this Act-- (1) $8,000,000 for fiscal year 2009; (2) $12,000,000 for fiscal year 2010; (3) $15,000,000 for fiscal year 2011; and (4) $20,000,000 for fiscal year 2012. (b) NSF.--There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act-- (1) $6,000,000 for fiscal year 2009; (2) $8,000,000 for fiscal year 2010; (3) $12,000,000 for fiscal year 2011; and (4) $15,000,000 for fiscal year 2012. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Federal Ocean Acidification Research And Monitoring Act of 2008 or FOARAM Act - Defines ocean acidification, for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council: (1) coordinate federal activities on ocean acidification, (2) report biennially to specified congressional committees. (3) transmit the strategic research plan developed under this Act to those committees. And (4) submit a revised plan at least once every five years. Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides for an assessment of ocean acidification impacts on marine organisms and ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and ecosystems. Directs the Secretary of Commerce, through the administrator of the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan. Directs the Secretary to conduct research and monitoring and authorizes the Secretary to establish an ocean acidification program in NOAA consistent with the strategic research plan, including: (1) providing grants for critical research projects exploring the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the plan's goals and priorities. And (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program. Requires the NSF director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts. Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. Authorizes appropriations to NOAA and to NASA to carry out this Act.

To establish an interagency committee to develop an ocean acidification research and monitoring plan and to establish an ocean acidification program within the National Oceanic and Atmospheric Administration.

19,439

2,314

<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Federal Ocean Acidification Research And Monitoring Act of 2008" or the "FOARAM Act". Table of Contents. The table of contents for this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Findings and purposes. <SECTION-HEADER> Definitions. <SECTION-HEADER> Interagency subcommittee. <SECTION-HEADER> Strategic research plan. <SECTION-HEADER> NOAA ocean acidification activities. <SECTION-HEADER> NSF ocean acidification activities. <SECTION-HEADER> NASA ocean acidification activities. <SECTION-HEADER> Authorization of appropriations. <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds the following: The oceans help regulate atmospheric chemistry by acting as the largest sink for carbon dioxide. The rapid increase in atmospheric carbon dioxide is overwhelming the natural ability of the oceans to absorb this gas. The influx of carbon dioxide into the atmosphere and the subsequent absorption by the oceans is changing surface ocean carbon chemistry and lowering the pH. These changes in ocean chemistry are detrimental to organisms including corals, which support one of the richest habitats on Earth, marine shellfish, and many other organisms that form the base of the food chain for many fish and marine mammals. The rich biodiversity of marine organisms is an important contribution to the national economy and the change in ocean chemistry threatens tourism, our fisheries, and marine environmental quality, and could result in significant social and economic costs. Existing Federal programs support research in related ocean chemistry, but gaps in funding, coordination, and outreach have impeded national progress in addressing ocean acidification. National investment in a coordinated program of research and monitoring would improve the understanding of ocean acidification effects on whole ecosystems, advance our knowledge of the socioeconomic impacts of increased ocean acidification, and strengthen the ability of marine resource managers to assess and prepare for the harmful impacts of ocean acidification on our marine resources. Purposes. The purposes of this Act are to provide for development and coordination of a comprehensive interagency plan to monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems. And establish an interagency research and monitoring program on ocean acidification. Assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification. And research on adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. <SECTION-HEADER> DEFINITIONS. In this Act: Ocean acidification. The term "ocean acidification" means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Secretary. The term "Secretary" means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. Subcommittee. The term "Subcommittee" means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. <SECTION-HEADER> INTERAGENCY SUBCOMMITTEE. Designation. The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification. Duties. The Subcommittee shall develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act and oversee the implementation of the plan. Oversee the development of an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems. And adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification. Facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources. Coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations. And establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. Reports to Congress. Initial report. Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities. And describes the progress in developing the plan required under section 5 of this Act. Biennial report. Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities. And an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5. Strategic research plan. Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. <SECTION-HEADER> STRATEGIC RESEARCH PLAN. In General. Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). Contents of the Plan. The plan shall establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems. Improve the ability to assess the socioeconomic impacts of ocean acidification. And provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems, describe specific activities, including efforts to determine user needs, research activities, monitoring activities, technology and methods development, data collection, database development, modeling activities, assessment of ocean acidification impacts, and participation in international research efforts. Identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan. Consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities. Make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations. Outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan. Identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts. And describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. Program Elements. The plan shall include at a minimum the following program elements: Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize marine ecosystems, changes in marine productivity. And changes in surface ocean chemistry. Research to understand the species specific physiological response of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification. Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms. Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. National Academy of Sciences Evaluation. The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan. Public Participation. In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. <SECTION-HEADER> NOAA OCEAN ACIDIFICATION ACTIVITIES. The Secretary shall conduct research and monitoring activities and may establish a program on ocean acidification within the National Oceanic and Atmospheric Administration consistent with the strategic research plan developed by the Subcommittee under section 5 that includes interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification. The establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program. Research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. As an integral part of the research programs described in this Act, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification. As an integral part of the research programs described in this Act, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources. And coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others. Provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan. And incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. <SECTION-HEADER> NSF OCEAN ACIDIFICATION ACTIVITIES. Research Activities. The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidification and its impacts, including impacts on marine organisms and marine ecosystems, impacts on ocean, coastal, and estuarine biogeochemistry. And the development of methodologies and technologies to evaluate ocean acidification and its impacts. Consistency. The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5. Coordination. The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations. <SECTION-HEADER> NASA OCEAN ACIDIFICATION ACTIVITIES. Ocean Acidification Activities. The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. Program Consistency. The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5. Coordination. The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. NOAA. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this Act $8,000,000 for fiscal year 2009, $12,000,000 for fiscal year 2010, $15,000,000 for fiscal year 2011. And $20,000,000 for fiscal year 2012. NSF. There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act $6,000,000 for fiscal year 2009, $8,000,000 for fiscal year 2010, $12,000,000 for fiscal year 2011. And $15,000,000 for fiscal year 2012. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Federal Ocean Acidification Research And Monitoring Act of 2008 or FOARAM Act - Defines ocean acidification, for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council: (1) coordinate federal activities on ocean acidification, (2) report biennially to specified congressional committees. (3) transmit the strategic research plan developed under this Act to those committees. And (4) submit a revised plan at least once every five years. Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides for an assessment of ocean acidification impacts on marine organisms and ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and ecosystems. Directs the Secretary of Commerce, through the administrator of the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan. Directs the Secretary to conduct research and monitoring and authorizes the Secretary to establish an ocean acidification program in NOAA consistent with the strategic research plan, including: (1) providing grants for critical research projects exploring the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the plan's goals and priorities. And (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program. Requires the NSF director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts. Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. Authorizes appropriations to NOAA and to NASA to carry out this Act.

To establish an interagency committee to develop an ocean acidification research and monitoring plan and to establish an ocean acidification program within the National Oceanic and Atmospheric Administration.

104_hr3977

SECTION 1. TEMPORARY DUTY SUSPENSION. (a) In General.--Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.12 3-acetoxy-2- methylbenzoyl chloride (CAS No. 167678-46-8) (provided for in subheading 2918.29.65)........ Free No change On or before 3/30/ 97 9902.32.13 2S, 3R-N-Cbz-3-amino- 1-chloro-4- phenylsulfanyl- butan-2-ol (CAS No. 159878-02-1) (provided for in subheading 2922.19.60)........ Free No change On or before 3/30/ 97 9902.32.14 N-(1,1- dimethylethyl) decahydro-2-[2- hydroxy-3-[(3- hydroxy-2- methylbenzoyl) amino]-4- (phenylthio)butyl]- 3- isoquinolinecarboxa mide, [3S- [2(2S*,3S*), 3.a.,4a.b.,8a.b.]] (CAS No. 159989-64- 7) (provided for in subheading 2933.40.60)........ Free No change On or before 3/30/ 97 '' (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) applies with respect to goods entered or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (2) Retroactive application to certain entries.-- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any goods described in subheading 9902.32.12, 9902.32.13, or 9902.32.14 of the Harmonized Tariff Schedule of the United States (as amended by subsection (a)) that was made-- (A) on or after August 1, 1996, and (B) before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry or withdrawal occurred on the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through March 30, 1997, the duty on certain chemicals used in the formulation of an HIV protease inhibitor.

To suspend temporarily the duty on certain chemicals used in the formulation of an HIV Protease Inhibitor.

5,587

178

<SECTION-HEADER> TEMPORARY DUTY SUSPENSION. In General. Subchapter II of Chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: " 9902.32.12 3-acetoxy-2- methylbenzoyl chloride .... Free No change On or before 330 97 9902.32.13 2S, 3R-N-Cbz-3-amino- 1-chloro-4- phenylsulfanyl- butan-2-ol .... Free No change On or before 330 97 9902.32.14 N- decahydro-2-2- hydroxy-3- amino-4- butyl- 3- isoquinolinecarboxa mide, 3S- 2(2S,3S), 3. a.4a. b.8a. b..... Free No change On or before 330 97 " Effective Date. In general. The amendment made by subsection (a) applies with respect to goods entered or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. Retroactive application to certain entries. Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the Customs Service before the 90th day after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any goods described in subheading 9902.32.12, 9902.32.13, or 9902.32.14 of the Harmonized Tariff Schedule of the United States (as amended by subsection (a)) that was made on or after August 1, 1996, and before the 15th day after the date of the enactment of this Act, shall be liquidated or reliquidated as though such entry or withdrawal occurred on the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend, through March 30, 1997, the duty on certain chemicals used in the formulation of an HIV protease inhibitor.

To suspend temporarily the duty on certain chemicals used in the formulation of an HIV Protease Inhibitor.

109_s2614

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Energy Refueling System Act of 2006''. SEC. 2. ALTERNATIVE ENERGY REFUELING SYSTEMS. (a) In General.--Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is amended by adding at the end the following: ``(13) Alternative energy refueling systems.-- ``(A) Definitions.--In this paragraph: ``(i) Alternative energy refueling system.--The term `alternative energy refueling system' means a system composed of 1 or more underground storage tanks, pumps, and pump fittings or other related infrastructure that is used to refuel motor vehicles with-- ``(I) compressed natural gas; ``(II) E-85 ethanol; ``(III) a fuel described in section 30C(c)(1) of the Internal Revenue Code of 1986; or ``(IV) any other alternative fuel, as determined by the Administrator. ``(ii) Eligible entity.--The term `eligible entity' means a refueling vendor or other person that is an owner or operator of a service station or other facility at which an alternative energy refueling system is located or proposed to be located. ``(B) Reimbursement program.-- ``(i) Establishment.--The Administrator shall establish a program to provide to eligible entities reimbursement from the Trust Fund of a portion of the costs of purchasing and installing 1 or more alternative energy refueling systems, including any alternative energy refueling system intended to replace a petroleum refueling tank or system. ``(ii) Application.--An eligible entity that seeks to receive reimbursement described in clause (i) shall submit to the Administrator an application by such time, in such form, and containing such information as the Administrator shall prescribe. ``(iii) Timing of reimbursement.--Not later than 30 days after the date on which the Administrator, in consultation with the appropriate State agency, verifies that an alternative energy refueling system for which reimbursement is requested by an eligible entity under this paragraph has been installed and is operational, the Administrator shall provide the reimbursement to the eligible entity. ``(iv) Limitations.-- ``(I) Prohibition on receipt of dual benefits.--An eligible entity that receives a tax credit under section 30C of the Internal Revenue Code of 1986 for placing in service a qualified alternative fuel vehicle refueling property (as defined in that section) may not receive any reimbursement under this paragraph for an alternative energy refueling system on the property if the cost of the alternative energy refueling system was taken into consideration in calculating the tax credit. ``(II) Number of systems.--An eligible entity may not receive reimbursement under this paragraph for more than 2 alternative energy refueling systems for each facility owned or operated by the eligible entity. ``(III) Amount.--The amount of reimbursement provided for an alternative energy refueling system under this paragraph shall not exceed the lesser of-- ``(aa) the amount that is 30 percent of the cost of the alternative energy refueling system; or ``(bb) $30,000. ``(C) No effect on other trust fund projects, activities, or responsibilities.-- ``(i) Other trust fund projects and activities.--In carrying out this paragraph, the Administrator shall not use funds from the Trust Fund that are obligated for, or otherwise required to carry out, other projects and activities under this subsection. ``(ii) Responsibilities.--Nothing in this paragraph affects any obligation of an owner or operator to comply with other provisions of this subtitle.''. (b) Conforming Amendment.--Section 9508(c) of the Internal Revenue Code of 1986 is amended by striking ``as in effect on'' and all that follows through the end of the subsection and inserting ``as amended by the Superfund Amendments and Reauthorization Act of 1986 and the Alternative Energy Refueling System Act of 2006''.

Alternative Energy Refueling System Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide eligible entities reimbursement from the Leaking Underground Storage Tank Trust Fund for a portion of the costs of purchasing and installing one or more alternative energy refueling systems . Prohibits an entity that receives a federal tax credit for placing in service a qualified alternative fuel vehicle refueling property from receiving reimbursement under this Act if the system cost was taken into consideration in calculating the tax credit. Limits reimbursement to: (1) two systems for each facility owned by an eligible entity. And (2) the lesser of 30 of a system's cost or $30,000.

A bill to amend the Solid Waste Disposal Act to establish a program to provide reimbursement for the installation of alternative energy refueling systems.

6,521

786

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Alternative Energy Refueling System Act of 2006". <SECTION-HEADER> ALTERNATIVE ENERGY REFUELING SYSTEMS. In General. Section 9003(h) of the Solid Waste Disposal Act (42 USC. 6991b(h)) is amended by adding at the end the following: Alternative energy refueling systems. Definitions. In this paragraph: Alternative energy refueling system. The term `alternative energy refueling system' means a system composed of 1 or more underground storage tanks, pumps, and pump fittings or other related infrastructure that is used to refuel motor vehicles with compressed natural gas, E-85 ethanol. A fuel described in section 30C(c)(1) of the Internal Revenue Code of 1986. Or any other alternative fuel, as determined by the Administrator. Eligible entity. The term `eligible entity' means a refueling vendor or other person that is an owner or operator of a service station or other facility at which an alternative energy refueling system is located or proposed to be located. Reimbursement program. Establishment. The Administrator shall establish a program to provide to eligible entities reimbursement from the Trust Fund of a portion of the costs of purchasing and installing 1 or more alternative energy refueling systems, including any alternative energy refueling system intended to replace a petroleum refueling tank or system. Application. An eligible entity that seeks to receive reimbursement described in clause (i) shall submit to the Administrator an application by such time, in such form, and containing such information as the Administrator shall prescribe. Timing of reimbursement. Not later than 30 days after the date on which the Administrator, in consultation with the appropriate State agency, verifies that an alternative energy refueling system for which reimbursement is requested by an eligible entity under this paragraph has been installed and is operational, the Administrator shall provide the reimbursement to the eligible entity. Limitations. Prohibition on receipt of dual benefits. An eligible entity that receives a tax credit under section 30C of the Internal Revenue Code of 1986 for placing in service a qualified alternative fuel vehicle refueling property may not receive any reimbursement under this paragraph for an alternative energy refueling system on the property if the cost of the alternative energy refueling system was taken into consideration in calculating the tax credit. Number of systems. An eligible entity may not receive reimbursement under this paragraph for more than 2 alternative energy refueling systems for each facility owned or operated by the eligible entity. Amount. The amount of reimbursement provided for an alternative energy refueling system under this paragraph shall not exceed the lesser of the amount that is 30 percent of the cost of the alternative energy refueling system. Or $30,000. No effect on other trust fund projects, activities, or responsibilities. Other trust fund projects and activities. In carrying out this paragraph, the Administrator shall not use funds from the Trust Fund that are obligated for, or otherwise required to carry out, other projects and activities under this subsection. Responsibilities. Nothing in this paragraph affects any obligation of an owner or operator to comply with other provisions of this subtitle.". Conforming Amendment. Section 9508(c) of the Internal Revenue Code of 1986 is amended by striking "as in effect on" and all that follows through the end of the subsection and inserting "as amended by the Superfund Amendments and Reauthorization Act of 1986 and the Alternative Energy Refueling System Act of 2006".

Alternative Energy Refueling System Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide eligible entities reimbursement from the Leaking Underground Storage Tank Trust Fund for a portion of the costs of purchasing and installing one or more alternative energy refueling systems . Prohibits an entity that receives a federal tax credit for placing in service a qualified alternative fuel vehicle refueling property from receiving reimbursement under this Act if the system cost was taken into consideration in calculating the tax credit. Limits reimbursement to: (1) two systems for each facility owned by an eligible entity. And (2) the lesser of 30 of a system's cost or $30,000.

A bill to amend the Solid Waste Disposal Act to establish a program to provide reimbursement for the installation of alternative energy refueling systems.

105_hr3573

SECTION 1. LIMITATION ON DISBURSEMENTS FROM THE EXCHANGE STABILIZATION FUND TO CERTAIN COUNTRIES. Section 5302 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(e) Limitation on Disbursements to Countries Not in Compliance With Certain IMF Commitments.-- ``(1) In general.--Notwithstanding any other provision of this section and subject to paragraph (2), the Secretary of the Treasury may not make any expenditure or loan, incur any other obligation, or make any guarantee in excess of $500,000,000 through the stabilization fund, for the purpose of engaging in a coordinated international rescue plan for any foreign entity or any government of a foreign country, unless the Secretary certifies to the Congress that such foreign country is meeting its commitments to the International Monetary Fund with respect to economic, market access, and financial reforms. ``(2) Aggregation rule.--For purposes of determining whether the amount of any expenditure, loan, obligation, or guarantee described in paragraph (1) with respect to any foreign entity or government of a foreign country exceeds the amount of the limitation imposed in such paragraph, the Secretary of the Treasury shall take into account the aggregate amount of all expenditures, loans, obligations, or guarantees which have been made or incurred through the stabilization fund with respect to such country for the purpose described in such paragraph during the 6-month period preceding the date such expenditure, loan, obligation, or guarantee is made or incurred.''. SEC. 2. REPORT TO THE CONGRESS ON ACTIONS BY THE UNITED STATES TO MONITOR FOREIGN GOVERNMENT COMPLIANCE WITH COMMITMENTS MADE TO THE IMF IN CONNECTION WITH FINANCIAL ASSISTANCE PACKAGES. (a) In General.--Not less frequently than semiannually, the Secretary of the Treasury shall submit to the Congress a report on the steps that the United States Government is taking to monitor the compliance of foreign governments in Asia with commitments made to the International Monetary Fund in connection with financial assistance packages provided or arranged by the International Monetary Fund. (b) Certain Matters To Be Included.--Each report required by subsection (a) shall include-- (1) a description of the actions that the United States Executive Director at the International Monetary Fund has taken to ensure that the International Monetary Fund adequately and effectively monitors and enforces the commitments referred to in subsection (a); and (2) a description of the actions that the Department of the Treasury has taken, in coordination with actions of the Office of the United States Trade Representative or the Department of Commerce, to monitor and enforce the commitments. SEC. 3. MONITORING OF EFFECTS OF THE ASIAN FINANCIAL CRISIS ON THE UNITED STATES AND OTHER ECONOMIES. (a) Commerce Department Report on Compliance by Asian Countries With Obligations Under International Agreements.--In coordination with the United States Trade Representative, the Secretary of Commerce shall monitor the progress that countries in Asia receiving financial assistance described in section 1 or 2 are making in implementing commitments they have made under international agreements to provide access to their markets for foreign goods and services. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. Each such report shall include the following: (1) A description of the progress made in resolving issues in dispute in the investigation initiated by the United States Trade Representative under section 301(b)(1) of the Trade Act of 1974 on October 1, 1997, pursuant to section 310 of that Act, in which tariff and nontariff barriers imposed by the Republic of Korea were identified as denying United States and other foreign automobiles access to markets in Korea. (2) A description of the progress made by the Republic of Korea in implementing its obligations under the United States- Korea Memorandum of Understanding of 1995 concerning trade in motor vehicles. (3) A description of the extent to which Indonesia is complying with its commitments to terminate benefits to its ``National Car'' program. (4) A description of the degree to which the countries have fully implemented reforms required by the International Monetary Fund that are directed at corporate governance and corporate structure, including-- (A) making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements; and (B) ensuring that no government subsidized support or tax privileges will be provided to prevent the financial failure of individual corporations, particularly in the semiconductor, steel, motor vehicle, and paper industries. (5) A description of the implementation of reform measures required by the International Monetary Fund to deregulate and privatize economic activity by ending domestic monopolies, undertaking trade liberalization, and opening up restricted areas of the economy to foreign investment and competition. (6) A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects of the trade policies on the United States. With regard to instances identified by the Secretary in which a country in Asia addressed in the report has failed to implement its obligations under international agreements to provide access to its markets for foreign goods and services, the Secretary, together with the United States Trade Representative, shall take appropriate action under the laws of the United States and under international dispute settlement procedures to enforce United States rights as a result of such failure. (b) Commerce Department Report on Third Country Actions To Accept Increased Asian Exports.--The Secretary of Commerce shall monitor exports of goods and services from those countries in Asia receiving financial assistance described in section 1 or 2 to determine the degree to which Japan, the countries of the European Union, and other major participants in the International Monetary Fund are opening their markets to any increase in those exports. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary, together with the Secretary of the Treasury and the United States Trade Representative, shall take all appropriate action that would result in those countries opening their markets to exports from those Asian countries in order to more equitably share the burden of responding to the financial crisis in Asia. (c) Commerce Department Report on Export Surges to the United States.--The Secretary of Commerce shall monitor exports from those countries in Asia receiving financial assistance described in section 1 or 2 to the United States to determine whether there is any significant increase in exports to the United States due to fluctuations in currency valuations, government subsidies, dumping, or transshipment through third countries. In conducting such monitoring, the Secretary shall take into account any outstanding antidumping and countervailing duty determinations on imports from those Asian countries. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary shall take appropriate action under the laws of the United States where there is evidence of dumping or subsidization causing injury to United States industries. (d) Consultation With Industry.--In carrying out the requirements of this section, the Secretary shall consult with representatives of import-sensitive United States industries for the purpose of sharing and confirming information and views that are relevant to the monitoring and reports required by this section. (e) Report on Effect of Financial Assistance.--The Secretary of Commerce, in consultation with the United States Trade Representative, shall report to the Congress annually, beginning not later than one year after the date of the enactment of this Act, concerning the extent to which financial assistance described in section 1 or 2 is contributing to economically sound financial, open market, trade, and commercial relations between each country in Asia receiving such assistance and other countries. SEC. 4. FULL ENFORCEMENT OF TRADE LAW REMEDIES. (a) Study.--To ensure the effectiveness of United States remedies against dumped and subsidized imports, the Secretary of Commerce shall conduct a study, in consultation with import-sensitive United States industries, to determine the appropriate application of United States antidumping and countervailing duty laws to imports from Asian countries, in light of currency devaluations and financial assistance described in section 1 or 2 that those countries have received. Such study shall-- (1) determine the appropriate treatment of rapid fluctuations in exchange rates that can severely reduce the price of goods sold in an exporter's home market (when converted to United States dollars) so that such fluctuations do not undermine the effectiveness of United States antidumping laws; (2) determine the appropriate treatment under United States countervailing duty laws of the difference between the interest rates on government-induced low-interest loans and the interest rates, if higher, that private lenders would demand for loans to the foreign companies concerned, taking into account the current levels of risk; and (3) determine the appropriate treatment under United States countervailing duty laws of subsidies received in the past, even if the exporter or other producer of the subsidized merchandise has been sold or privatized or has declared bankruptcy. (b) Report to Congress.--The Secretary of Commerce shall complete the study conducted under subsection (a), and submit to the Congress a report on the study, by not later than 6 months after the date of the enactment of this Act. SEC. 5. SUNSET. The provisions of this Act shall cease to be effective 8 years after the date of the enactment of this Act.

Amends Federal law governing the Department of the Treasury Exchange Stabilization Fund to prohibit the Secretary of the Treasury from making any expenditure or loan, incurring any other obligation, or making any guarantee over $500 million through the Fund for the purpose of engaging in a coordinated international rescue plan for any foreign entity or foreign government, unless the Secretary certifies to the Congress that such country is meeting its commitments to the International Monetary Fund (IMF) with respect to economic, market access, and financial reforms. Requires the Secretary to report semiannually to the Congress on Federal actions to monitor foreign governments in Asia with respect to their compliance with their commitments regarding IMF financial assistance packages. Directs the Secretary of Commerce, in coordination with the United States Trade Representative, to monitor and report bimonthly to the Congress on the progress made by specified Asian countries regarding their international commitments to provide access to their markets for foreign goods and services. Requires the Secretary of Commerce also to monitor exports from such countries to determine: (1) the degree to which major IMF participants, including Japan, are opening their markets to any export increases. And (2) whether there is any significant increase in exports to the United States due to currency fluctuations, government subsidies, dumping, or transshipment through third countries. Requires the Secretary of Commerce to: (1) report annually to the Congress on the extent to which financial assistance is contributing to economically sound financial, open market, trade, and commercial relations between recipient Asian countries. And (2) study and report to the Congress on the appropriate application of Federal antidumping and countervailing duty laws to Asian imports in light of currency devaluations and IMF financial assistance packages.

To impose certain limitations on disbursements from the Exchange Stabilization Fund to certain countries, and for other purposes.

11,726

1,951

<SECTION-HEADER> LIMITATION ON DISBURSEMENTS FROM THE EXCHANGE STABILIZATION FUND TO CERTAIN COUNTRIES. Section 5302 of title 31, United States Code, is amended by adding at the end the following new subsection: Limitation on Disbursements to Countries Not in Compliance With Certain IMF Commitments. In general. Notwithstanding any other provision of this section and subject to paragraph (2), the Secretary of the Treasury may not make any expenditure or loan, incur any other obligation, or make any guarantee in excess of $500,000,000 through the stabilization fund, for the purpose of engaging in a coordinated international rescue plan for any foreign entity or any government of a foreign country, unless the Secretary certifies to the Congress that such foreign country is meeting its commitments to the International Monetary Fund with respect to economic, market access, and financial reforms. Aggregation rule. For purposes of determining whether the amount of any expenditure, loan, obligation, or guarantee described in paragraph (1) with respect to any foreign entity or government of a foreign country exceeds the amount of the limitation imposed in such paragraph, the Secretary of the Treasury shall take into account the aggregate amount of all expenditures, loans, obligations, or guarantees which have been made or incurred through the stabilization fund with respect to such country for the purpose described in such paragraph during the 6-month period preceding the date such expenditure, loan, obligation, or guarantee is made or incurred.". <SECTION-HEADER> REPORT TO THE CONGRESS ON ACTIONS BY THE UNITED STATES TO MONITOR FOREIGN GOVERNMENT COMPLIANCE WITH COMMITMENTS MADE TO THE IMF IN CONNECTION WITH FINANCIAL ASSISTANCE PACKAGES. In General. Not less frequently than semiannually, the Secretary of the Treasury shall submit to the Congress a report on the steps that the United States Government is taking to monitor the compliance of foreign governments in Asia with commitments made to the International Monetary Fund in connection with financial assistance packages provided or arranged by the International Monetary Fund. Certain Matters To Be Included. Each report required by subsection (a) shall include a description of the actions that the United States Executive Director at the International Monetary Fund has taken to ensure that the International Monetary Fund adequately and effectively monitors and enforces the commitments referred to in subsection (a). And a description of the actions that the Department of the Treasury has taken, in coordination with actions of the Office of the United States Trade Representative or the Department of Commerce, to monitor and enforce the commitments. <SECTION-HEADER> MONITORING OF EFFECTS OF THE ASIAN FINANCIAL CRISIS ON THE UNITED STATES AND OTHER ECONOMIES. Commerce Department Report on Compliance by Asian Countries With Obligations Under International Agreements. In coordination with the United States Trade Representative, the Secretary of Commerce shall monitor the progress that countries in Asia receiving financial assistance described in section 1 or 2 are making in implementing commitments they have made under international agreements to provide access to their markets for foreign goods and services. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. Each such report shall include the following: A description of the progress made in resolving issues in dispute in the investigation initiated by the United States Trade Representative under section 301(b)(1) of the Trade Act of 1974 on October 1, 1997, pursuant to section 310 of that Act, in which tariff and nontariff barriers imposed by the Republic of Korea were identified as denying United States and other foreign automobiles access to markets in Korea. A description of the progress made by the Republic of Korea in implementing its obligations under the United States- Korea Memorandum of Understanding of 1995 concerning trade in motor vehicles. A description of the extent to which Indonesia is complying with its commitments to terminate benefits to its "National Car" program. A description of the degree to which the countries have fully implemented reforms required by the International Monetary Fund that are directed at corporate governance and corporate structure, including making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements. And ensuring that no government subsidized support or tax privileges will be provided to prevent the financial failure of individual corporations, particularly in the semiconductor, steel, motor vehicle, and paper industries. A description of the implementation of reform measures required by the International Monetary Fund to deregulate and privatize economic activity by ending domestic monopolies, undertaking trade liberalization, and opening up restricted areas of the economy to foreign investment and competition. A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects of the trade policies on the United States. With regard to instances identified by the Secretary in which a country in Asia addressed in the report has failed to implement its obligations under international agreements to provide access to its markets for foreign goods and services, the Secretary, together with the United States Trade Representative, shall take appropriate action under the laws of the United States and under international dispute settlement procedures to enforce United States rights as a result of such failure. Commerce Department Report on Third Country Actions To Accept Increased Asian Exports. The Secretary of Commerce shall monitor exports of goods and services from those countries in Asia receiving financial assistance described in section 1 or 2 to determine the degree to which Japan, the countries of the European Union, and other major participants in the International Monetary Fund are opening their markets to any increase in those exports. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary, together with the Secretary of the Treasury and the United States Trade Representative, shall take all appropriate action that would result in those countries opening their markets to exports from those Asian countries in order to more equitably share the burden of responding to the financial crisis in Asia. Commerce Department Report on Export Surges to the United States. The Secretary of Commerce shall monitor exports from those countries in Asia receiving financial assistance described in section 1 or 2 to the United States to determine whether there is any significant increase in exports to the United States due to fluctuations in currency valuations, government subsidies, dumping, or transshipment through third countries. In conducting such monitoring, the Secretary shall take into account any outstanding antidumping and countervailing duty determinations on imports from those Asian countries. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary shall take appropriate action under the laws of the United States where there is evidence of dumping or subsidization causing injury to United States industries. Consultation With Industry. In carrying out the requirements of this section, the Secretary shall consult with representatives of import-sensitive United States industries for the purpose of sharing and confirming information and views that are relevant to the monitoring and reports required by this section. Report on Effect of Financial Assistance. The Secretary of Commerce, in consultation with the United States Trade Representative, shall report to the Congress annually, beginning not later than one year after the date of the enactment of this Act, concerning the extent to which financial assistance described in section 1 or 2 is contributing to economically sound financial, open market, trade, and commercial relations between each country in Asia receiving such assistance and other countries. <SECTION-HEADER> FULL ENFORCEMENT OF TRADE LAW REMEDIES. Study. To ensure the effectiveness of United States remedies against dumped and subsidized imports, the Secretary of Commerce shall conduct a study, in consultation with import-sensitive United States industries, to determine the appropriate application of United States antidumping and countervailing duty laws to imports from Asian countries, in light of currency devaluations and financial assistance described in section 1 or 2 that those countries have received. Such study shall determine the appropriate treatment of rapid fluctuations in exchange rates that can severely reduce the price of goods sold in an exporter's home market so that such fluctuations do not undermine the effectiveness of United States antidumping laws. Determine the appropriate treatment under United States countervailing duty laws of the difference between the interest rates on government-induced low-interest loans and the interest rates, if higher, that private lenders would demand for loans to the foreign companies concerned, taking into account the current levels of risk. And determine the appropriate treatment under United States countervailing duty laws of subsidies received in the past, even if the exporter or other producer of the subsidized merchandise has been sold or privatized or has declared bankruptcy. Report to Congress. The Secretary of Commerce shall complete the study conducted under subsection (a), and submit to the Congress a report on the study, by not later than 6 months after the date of the enactment of this Act. <SECTION-HEADER> SUNSET. The provisions of this Act shall cease to be effective 8 years after the date of the enactment of this Act.

Amends Federal law governing the Department of the Treasury Exchange Stabilization Fund to prohibit the Secretary of the Treasury from making any expenditure or loan, incurring any other obligation, or making any guarantee over $500 million through the Fund for the purpose of engaging in a coordinated international rescue plan for any foreign entity or foreign government, unless the Secretary certifies to the Congress that such country is meeting its commitments to the International Monetary Fund (IMF) with respect to economic, market access, and financial reforms. Requires the Secretary to report semiannually to the Congress on Federal actions to monitor foreign governments in Asia with respect to their compliance with their commitments regarding IMF financial assistance packages. Directs the Secretary of Commerce, in coordination with the United States Trade Representative, to monitor and report bimonthly to the Congress on the progress made by specified Asian countries regarding their international commitments to provide access to their markets for foreign goods and services. Requires the Secretary of Commerce also to monitor exports from such countries to determine: (1) the degree to which major IMF participants, including Japan, are opening their markets to any export increases. And (2) whether there is any significant increase in exports to the United States due to currency fluctuations, government subsidies, dumping, or transshipment through third countries. Requires the Secretary of Commerce to: (1) report annually to the Congress on the extent to which financial assistance is contributing to economically sound financial, open market, trade, and commercial relations between recipient Asian countries. And (2) study and report to the Congress on the appropriate application of Federal antidumping and countervailing duty laws to Asian imports in light of currency devaluations and IMF financial assistance packages.

To impose certain limitations on disbursements from the Exchange Stabilization Fund to certain countries, and for other purposes.

103_hr1158

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Affordability Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford their medications because of excessive and persistent prescription drug price inflation; (2) between 1980 and 1990, prescription drug price inflation was 3 times the rate of general inflation; (3) between 1985 and 1991, the prices of the 20 top selling prescription drugs, which account for almost a third of prescription sales, rose 79 percent--nearly 4 times the general rate of inflation; (4) prescription drug manufacturers continue to make enormous profits on the backs of the elderly, poor, and other vulnerable populations that are unable to afford their medications; (5) because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 3 of 4 elderly patients, surpassed only by costs of long-term care services; (6) individuals over 65 fill an average of 15 prescriptions a year to treat chronic health conditions compared to 5 prescriptions for those under 65; (7) the Federal Government and American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for non- research activities; (8) for example, in 1987 alone, the pharmaceutical industry received a section 936 tax credit of more than $1,400,000,000, and such credit is estimated to have yielded over $2,000,000,000 in tax breaks in 1990 to such industry; (9) when Congress enacted section 936 in 1976, it sought to help Puerto Rico obtain employment-producing investments, however, in 1987 the pharmaceutical industry received over half of the tax benefits provided by section 936 but employed less than 20 percent of the workers; (10) the Department of the Treasury will lose $15,000,000,000 in tax revenues during the 1993 through 1997 period due to section 936; and (11) 17 of the 21 most prescribed drugs in the United States in 1990 are authorized for Puerto Rican manufacture. (b) Purposes.--The purposes of this Act are to insure that the elderly, the chronically ill, and all Americans have access to reasonably-priced pharmaceutical products. SEC. 3. REDUCTION IN POSSESSIONS TAX CREDIT FOR EXCESSIVE PHARMACEUTICAL INFLATION. (a) In General.--Section 936 of the Internal Revenue Code of 1986 (relating to Puerto Rico and possession tax credit) is amended by adding at the end the following new subsection: ``(i) Reduction for Excessive Pharmaceutical Inflation.-- ``(1) In general.--In the case of any manufacturer of single source drugs or innovator multiple source drugs, the amount by which the credit under this section for the taxable year (determined without regard to this subsection) exceeds the manufacturer's wage base for such taxable year shall be reduced by the product of-- ``(A) the amount of such excess, multiplied by ``(B) the sum of the reduction percentages for each single source drug or innovator multiple source drug of the manufacturer for such taxable year. ``(2) Manufacturer's wage base.--For purposes of this subsection-- ``(A) In general.--The manufacturer's wage base for any taxable year is equal to the total amount of wages paid during such taxable year by the manufacturer to eligible employees in Puerto Rico with respect to the manufacture of single source drugs and innovator multiple source drugs. ``(B) Eligible employees.--The term `eligible employee' means any employee of the manufacturer (as defined in section 3121(d)) who is a bona fide resident of Puerto Rico and subject to tax by Puerto Rico on income from sources within and without Puerto Rico during the entire taxable year. ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a). ``(3) Reduction percentage.--For purposes of this subsection-- ``(A) In general.--The reduction percentage for any drug for any taxable year is the percentage determined by multiplying-- ``(i) the sales percentage for such drug for such taxable year, by ``(ii) the price increase percentage for such drug for such taxable year. ``(B) Sales percentage.--The sales percentage for any drug for any taxable year is the percentage determined by dividing-- ``(i) the total sales of such drug by the manufacturer for such taxable year, by ``(ii) the total sales of all single source drugs and innovator multiple source drugs by the manufacturer for such taxable year. ``(C) Price increase percentage.--The price increase percentage for any drug for any taxable year is the percentage determined by multiplying-- ``(i) 20, times ``(ii) the excess (if any) of-- ``(I) the percentage increase in the average manufacturer's price for such drug for the taxable year over such average price for the base taxable year, over ``(II) the percentage increase in the Consumer Price Index (as defined in section 1(g)(5)) for the taxable year over the base taxable year. ``(D) Total sales.-- ``(i) Domestic sales only.--Total sales shall only include sales for use or consumption in the United States. ``(ii) Sales to related parties not included.--Total sales shall not include sales to any related party (as defined in section 267(b)). ``(E) Average manufacturer's price.--The term `average manufacturer's price' for any taxable year means the average price paid to the manufacturer by wholesalers or direct buyers and purchasers for each single source drug or innovator multiple source drug sold to the various classes of purchasers. ``(F) Base taxable year.--The base taxable year for any single source drug or innovator multiple source drug is the later of-- ``(i) the last taxable year ending in 1991, or ``(ii) the first taxable year beginning after the date on which the marketing of such drug begins. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Manufacturer.-- ``(i) In general.--The term `manufacturer' means any person which is engaged in-- ``(I) the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or ``(II) in the packaging, repackaging, labeling, relabeling, or distribution of prescription drug products. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(ii) Controlled groups.--For purposes of clause (i)-- ``(I) Controlled group of corporations.--All corporations which are members of the same controlled group of corporations shall be treated as 1 person. For purposes of the preceding sentence, the term `controlled group of corporations' has the meaning given to such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and the determination shall be made without regard to subsections (a)(4) and (e)(3)(C) of section 1563. ``(II) Partnerships, proprietorships, etc., which are under common control.--Under regulations prescribed by the Secretary, all trades or business (whether or not incorporated) which are under common control shall be treated as 1 person. The regulations prescribed under this subclause shall be based on principles similar to the principles which apply in the case of subclause (I). ``(B) Single source drug.--The term `single source drug' means a drug or biological which is produced or distributed under an original new drug application or product licensing application, including a drug product or biological marketed by any cross-licensed producers or distributors operating under the new drug application or product licensing application. ``(C) Innovator multiple source drug.--The term `innovator multiple source drug' means a multiple source drug (within the meaning of section 1927(k)(7)(A)(i) of the Social Security Act) that was originally marketed under an original new drug application or a product licensing application approved by the Food and Drug Administration. ``(5) Special rules.--For purposes of this subsection-- ``(A) Dosage treatment.--Except as provided by the Secretary, each dosage form and strength of a single source drug or innovator multiple source drug shall be treated as a separate drug. ``(B) Rounding of percentages.--Any percentage shall be rounded to the nearest hundredth of a percent.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 4. ALLOCATION OF ADDITIONAL REVENUES. The additional revenues received in the Treasury during any fiscal year by reason of the provisions of section 936(i) of the Internal Revenue Code of 1986 (as added by section 3 of this Act) are hereby allocated for accounting purposes to a separate account in the Treasury to be used as follows: (1) 75 percent of such additional revenues shall be used for deficit reduction purposes. (2) 25 percent of such additional revenues shall be used for purposes of developing State prescription drug assistance programs (or supplementing existing State prescription drug assistance programs) for those States with the highest percentage of elderly or poor populations (as determined by the Bureau of the Census).

Prescription Drug Affordability Act of 1993 - Amends the Internal Revenue Code to reduce the amount by which the possession tax credit exceeds the manufacturer's wage base in the case of manufacturers of single source or innovator multiple source drugs. Allocates additional revenues received in the Treasury as a result of this Act as follows: (1) 75 percent for deficit reduction. And (2) 25 percent for developing or supplementing State prescription drug assistance programs for States with the highest percentage of elderly or poor populations.

Prescription Drug Affordability Act of 1993

13,744

548

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Prescription Drug Affordability Act of 1993". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds that although prescription drugs represent one of the most frequently used medical care interventions in treating common acute and chronic diseases, many Americans, especially elderly and other vulnerable populations, are unable to afford their medications because of excessive and persistent prescription drug price inflation. Between 1980 and 1990, prescription drug price inflation was 3 times the rate of general inflation. Between 1985 and 1991, the prices of the 20 top selling prescription drugs, which account for almost a third of prescription sales, rose 79 percent nearly 4 times the general rate of inflation. Prescription drug manufacturers continue to make enormous profits on the backs of the elderly, poor, and other vulnerable populations that are unable to afford their medications. Because of the limited availability of private or public prescription drug coverage for the elderly, prescription drugs represent the highest out-of-pocket medical care cost for 3 of 4 elderly patients, surpassed only by costs of long-term care services. Individuals over 65 fill an average of 15 prescriptions a year to treat chronic health conditions compared to 5 prescriptions for those under 65. The Federal Government and American taxpayer provide substantial subsidies to the pharmaceutical industry in the form of tax incentives, tax write-offs, and grants for non- research activities. For example, in 1987 alone, the pharmaceutical industry received a section 936 tax credit of more than $1,400,000,000, and such credit is estimated to have yielded over $2,000,000,000 in tax breaks in 1990 to such industry. When Congress enacted section 936 in 1976, it sought to help Puerto Rico obtain employment-producing investments, however, in 1987 the pharmaceutical industry received over half of the tax benefits provided by section 936 but employed less than 20 percent of the workers. The Department of the Treasury will lose $15,000,000,000 in tax revenues during the 1993 through 1997 period due to section 936. And 17 of the 21 most prescribed drugs in the United States in 1990 are authorized for Puerto Rican manufacture. Purposes. The purposes of this Act are to insure that the elderly, the chronically ill, and all Americans have access to reasonably-priced pharmaceutical products. <SECTION-HEADER> REDUCTION IN POSSESSIONS TAX CREDIT FOR EXCESSIVE PHARMACEUTICAL INFLATION. In General. Section 936 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Reduction for Excessive Pharmaceutical Inflation. In general. In the case of any manufacturer of single source drugs or innovator multiple source drugs, the amount by which the credit under this section for the taxable year exceeds the manufacturer's wage base for such taxable year shall be reduced by the product of the amount of such excess, multiplied by the sum of the reduction percentages for each single source drug or innovator multiple source drug of the manufacturer for such taxable year. Manufacturer's wage base. For purposes of this subsection In general. The manufacturer's wage base for any taxable year is equal to the total amount of wages paid during such taxable year by the manufacturer to eligible employees in Puerto Rico with respect to the manufacture of single source drugs and innovator multiple source drugs. Eligible employees. The term `eligible employee' means any employee of the manufacturer (as defined in section 3121(d)) who is a bona fide resident of Puerto Rico and subject to tax by Puerto Rico on income from sources within and without Puerto Rico during the entire taxable year. Wages. The term `wages' has the meaning given such term by section 3121(a). Reduction percentage. For purposes of this subsection In general. The reduction percentage for any drug for any taxable year is the percentage determined by multiplying the sales percentage for such drug for such taxable year, by the price increase percentage for such drug for such taxable year. Sales percentage. The sales percentage for any drug for any taxable year is the percentage determined by dividing the total sales of such drug by the manufacturer for such taxable year, by the total sales of all single source drugs and innovator multiple source drugs by the manufacturer for such taxable year. Price increase percentage. The price increase percentage for any drug for any taxable year is the percentage determined by multiplying 20, times the excess of the percentage increase in the average manufacturer's price for such drug for the taxable year over such average price for the base taxable year, over the percentage increase in the Consumer Price Index (as defined in section 1(g)(5)) for the taxable year over the base taxable year. Total sales. Domestic sales only. Total sales shall only include sales for use or consumption in the United States. Sales to related parties not included. Total sales shall not include sales to any related party (as defined in section 267(b)). Average manufacturer's price. The term `average manufacturer's price' for any taxable year means the average price paid to the manufacturer by wholesalers or direct buyers and purchasers for each single source drug or innovator multiple source drug sold to the various classes of purchasers. Base taxable year. The base taxable year for any single source drug or innovator multiple source drug is the later of the last taxable year ending in 1991, or the first taxable year beginning after the date on which the marketing of such drug begins. Other definitions. For purposes of this subsection Manufacturer. In general. The term `manufacturer' means any person which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or in the packaging, repackaging, labeling, relabeling, or distribution of prescription drug products. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. Controlled groups. For purposes of clause (i) Controlled group of corporations. All corporations which are members of the same controlled group of corporations shall be treated as 1 person. For purposes of the preceding sentence, the term `controlled group of corporations' has the meaning given to such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and the determination shall be made without regard to subsections (a)(4) and (3)(C) of section 1563. Partnerships, proprietorships, etc. which are under common control. Under regulations prescribed by the Secretary, all trades or business which are under common control shall be treated as 1 person. The regulations prescribed under this subclause shall be based on principles similar to the principles which apply in the case of subclause (I). Single source drug. The term `single source drug' means a drug or biological which is produced or distributed under an original new drug application or product licensing application, including a drug product or biological marketed by any cross-licensed producers or distributors operating under the new drug application or product licensing application. Innovator multiple source drug. The term `innovator multiple source drug' means a multiple source drug (within the meaning of section 1927(k)(7)(A) that was originally marketed under an original new drug application or a product licensing application approved by the Food and Drug Administration. Special rules. For purposes of this subsection Dosage treatment. Except as provided by the Secretary, each dosage form and strength of a single source drug or innovator multiple source drug shall be treated as a separate drug. Rounding of percentages. Any percentage shall be rounded to the nearest hundredth of a percent.". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1993. <SECTION-HEADER> ALLOCATION OF ADDITIONAL REVENUES. The additional revenues received in the Treasury during any fiscal year by reason of the provisions of section 936(i) of the Internal Revenue Code of 1986 are hereby allocated for accounting purposes to a separate account in the Treasury to be used as follows: 75 percent of such additional revenues shall be used for deficit reduction purposes. 25 percent of such additional revenues shall be used for purposes of developing State prescription drug assistance programs for those States with the highest percentage of elderly or poor populations .

Prescription Drug Affordability Act of 1993 - Amends the Internal Revenue Code to reduce the amount by which the possession tax credit exceeds the manufacturer's wage base in the case of manufacturers of single source or innovator multiple source drugs. Allocates additional revenues received in the Treasury as a result of this Act as follows: (1) 75 percent for deficit reduction. And (2) 25 percent for developing or supplementing State prescription drug assistance programs for States with the highest percentage of elderly or poor populations.

Prescription Drug Affordability Act of 1993

110_s3090

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008'' or the ``SAFE AIR Act of 2008''. SEC. 2. ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102(a) of title 49, United States Code. (3) Air transportation.--The term ``air transportation'' has the meaning given that term in such section 40102(a). (4) Aircraft.--The term ``aircraft'' has the meaning given that term in such section 40102(a). (5) Covered maintenance work.--The term ``covered maintenance work'' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. (6) Part 121 air carrier.--The term ``part 121 air carrier'' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation). (7) Part 145 repair station.--The term ``part 145 repair station'' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation). (8) United states commercial aircraft.--The term ``United States commercial aircraft'' means an aircraft registered in the United States and owned or leased by a commercial air carrier. (b) Regulation of Repair Stations for Safety.-- (1) In general.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 44730. REPAIR STATIONS. ``(a) Definitions.--In this section: ``(1) Covered maintenance work.--The term `covered maintenance work' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. ``(2) Part 121 air carrier.--The term `part 121 air carrier' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations (or any successor regulation). ``(3) Part 145 repair station.--The term `part 145 repair station' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations (or any successor regulation). ``(4) United states commercial aircraft.--The term `United States commercial aircraft' means an aircraft registered in the United States and owned or leased by a commercial air carrier. ``(b) Requirements for Maintenance Personnel Providing Covered Maintenance Work.--Not later than 3 years after the date of the enactment of this section, the Administrator shall prescribe regulations requiring all covered maintenance work on United States commercial aircraft to be performed by maintenance personnel employed by-- ``(1) a part 145 repair station; ``(2) a part 121 air carrier; or ``(3) a person that provides contract maintenance personnel to a part 145 repair station or a part 121 air carrier, if such personnel-- ``(A) meet the requirements of such repair station or air carrier, as the case may be; ``(B) work under the direct supervision and control of such repair station or air carrier, as the case may be; and ``(C) carry out their work in accordance with the quality control manuals of such repair station or the maintenance manual of such air carrier, as the case may be. ``(c) Certification of Inspection of Foreign Repair Stations.--Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Administrator shall certify to Congress that-- ``(1) each certified foreign repair station that performs maintenance work on an aircraft or a component of an aircraft for a part 121 air carrier has been inspected not fewer than 2 times in the preceding calendar year by an aviation safety inspector of the Federal Aviation Administration; and ``(2) not fewer than 1 of the inspections required by paragraph (1) for each certified foreign repair station was carried out at such repair station without any advance notice to such foreign repair station. ``(d) Drug and Alcohol Testing of Foreign Repair Station Personnel.--Not later than 1 year after the date of the enactment of this section, the Administrator shall modify the certification requirements under part 145 of title 14, Code of Federal Regulations, to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of this title of any individual employed by a foreign repair station and performing a safety-sensitive function on a United States commercial aircraft for a foreign repair station.''. (2) Temporary program of identification and oversight of noncertified repair facilities.-- (A) Develop plan.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a plan for a program-- (i) to require each part 121 air carrier to identify and submit to the Administrator a complete list of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft used by such part 121 air carriers to provide air transportation; (ii) to validate lists described in clause (i) that are submitted by a part 121 air carrier to the Administrator by sampling the records of part 121 air carriers, such as maintenance activity reports and general vendor listings; and (iii) to carry out surveillance and oversight by field inspectors of the Federal Aviation Administration of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft for part 121 air carriers. (B) Report on plan for program.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains the plan required by subparagraph (A). (C) Implementation of planned program.--Not later than 1 year after the date of the enactment of this Act and until regulations are prescribed under section 44730(b) of title 49, United States Code, as added by paragraph (1), the Administrator shall carry out the plan required by subparagraph (A). (D) Annual report on implementation.--Not later than 180 days after the commencement of the plan under subparagraph (C) and each year thereafter until the regulations described in such subparagraph are prescribed, the Administrator shall submit to Congress a report on the implementation of the plan carried out under such subparagraph. (3) Clerical amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44730. Repairs stations.''. (c) Regulation of Foreign Repair Stations for Security.--Section 44924 of title 49, United States Code, is amended by adding at the end the following: ``(h) Compliance of Foreign Repair Stations With Security Regulations.-- ``(1) Prohibition on certification of foreign repair stations that do not comply with security regulations.--The Administrator may not certify or recertify a foreign repair station under part 145 of title 14, Code of Federal Regulations, unless such foreign repair station is in compliance with all applicable final security regulations prescribed under subsection (f). ``(2) Notification to air carriers of noncompliance by foreign repair stations.--If the Under Secretary for Border and Transportation Security of the Department of Homeland Security is aware that a foreign repair station is not in compliance with a security regulation or that a security issue or vulnerability has been identified with respect to such foreign repair station in a security review or audit required under subsection (a) or any regulation prescribed under subsection (f), the Under Secretary shall provide notice to each air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations, of such noncompliance or security issue or vulnerability.''. (d) Update of Foreign Repair Fee Schedule.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall revise the methodology for computation of fees for certification services performed outside the United States under part 187 of title 14, Code of Federal Regulations, to cover fully the costs to the Federal Aviation Administration of such certification services, including-- (A) the costs of all related inspection services; (B) all travel expenses, salary, and employment benefits of inspectors who provide such services; and (C) any increased costs to the Administration resulting from requirements of this section. (2) Updates.--The Administrator shall periodically revise such methodology to account for subsequent changes in such costs to the Administration. (e) Annual Report by Inspector General.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Inspector General of the Department of Transportation shall submit to Congress a report on the implementation of-- (1) section 44730 of title 49, United States Code, as added by subsection (b)(1) of this section; (2) subsection (b)(2) of this section; (3) subsection (h) of section 44924 of such title, as added by subsection (c) of this section; (4) subsection (d) of this section; and (5) the regulations prescribed or amended under the provisions described in this subsection.

Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008 or the SAFE AIR Act of 2008 - Requires the Administrator of the Federal Aviation Administration (FAA) to: (1) prescribe regulations requiring maintenance work on passenger aircraft to be performed by certain authorized individuals. (2) certify to Congress that the FAA has inspected each foreign repair station that has performed work on US air carrier aircraft or components at least twice in the preceding year and tested persons who perform safety-sensitive functions at such stations for use of alcohol or controlled substances. And (3) develop a plan to identify all noncertified maintenance providers that have performed maintenance work on such aircraft. Prohibits the Administrator from certifying a foreign repair station unless it complies with certain final security regulations.

A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes.

11,506

869

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008" or the "SAFE AIR Act of 2008". <SECTION-HEADER> ENHANCED OVERSIGHT AND INSPECTION OF REPAIR STATIONS. Definitions. In this section: Administrator. The term "Administrator" means the Administrator of the Federal Aviation Administration. Air carrier. The term "air carrier" has the meaning given that term in section 40102(a) of title 49, United States Code. Air transportation. The term "air transportation" has the meaning given that term in such section 40102(a). Aircraft. The term "aircraft" has the meaning given that term in such section 40102(a). Covered maintenance work. The term "covered maintenance work" means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. Part 121 air carrier. The term "part 121 air carrier" means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations . Part 145 repair station. The term "part 145 repair station" means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations . United states commercial aircraft. The term "United States commercial aircraft" means an aircraft registered in the United States and owned or leased by a commercial air carrier. Regulation of Repair Stations for Safety. In general. Chapter 447 of title 49, United States Code, is amended by adding at the end the following: "Section 44730. REPAIR STATIONS. Definitions. In this section: Covered maintenance work. The term `covered maintenance work' means maintenance work that is substantial, scheduled, or a required inspection item, as determined by the Administrator. Part 121 air carrier. The term `part 121 air carrier' means an air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations . Part 145 repair station. The term `part 145 repair station' means a repair station that holds a certificate under part 145 of title 14, Code of Federal Regulations . United states commercial aircraft. The term `United States commercial aircraft' means an aircraft registered in the United States and owned or leased by a commercial air carrier. Requirements for Maintenance Personnel Providing Covered Maintenance Work. Not later than 3 years after the date of the enactment of this section, the Administrator shall prescribe regulations requiring all covered maintenance work on United States commercial aircraft to be performed by maintenance personnel employed by a part 145 repair station, a part 121 air carrier. Or a person that provides contract maintenance personnel to a part 145 repair station or a part 121 air carrier, if such personnel meet the requirements of such repair station or air carrier, as the case may be. Work under the direct supervision and control of such repair station or air carrier, as the case may be. And carry out their work in accordance with the quality control manuals of such repair station or the maintenance manual of such air carrier, as the case may be. Certification of Inspection of Foreign Repair Stations. Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Administrator shall certify to Congress that each certified foreign repair station that performs maintenance work on an aircraft or a component of an aircraft for a part 121 air carrier has been inspected not fewer than 2 times in the preceding calendar year by an aviation safety inspector of the Federal Aviation Administration. And not fewer than 1 of the inspections required by paragraph (1) for each certified foreign repair station was carried out at such repair station without any advance notice to such foreign repair station. Drug and Alcohol Testing of Foreign Repair Station Personnel. Not later than 1 year after the date of the enactment of this section, the Administrator shall modify the certification requirements under part 145 of title 14, Code of Federal Regulations, to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of this title of any individual employed by a foreign repair station and performing a safety-sensitive function on a United States commercial aircraft for a foreign repair station.". Temporary program of identification and oversight of noncertified repair facilities. Develop plan. Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a plan for a program to require each part 121 air carrier to identify and submit to the Administrator a complete list of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft used by such part 121 air carriers to provide air transportation. To validate lists described in clause that are submitted by a part 121 air carrier to the Administrator by sampling the records of part 121 air carriers, such as maintenance activity reports and general vendor listings. And to carry out surveillance and oversight by field inspectors of the Federal Aviation Administration of all noncertificated maintenance providers that perform covered maintenance work on United States commercial aircraft for part 121 air carriers. Report on plan for program. Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains the plan required by subparagraph (A). Implementation of planned program. Not later than 1 year after the date of the enactment of this Act and until regulations are prescribed under section 44730(b) of title 49, United States Code, as added by paragraph (1), the Administrator shall carry out the plan required by subparagraph (A). Annual report on implementation. Not later than 180 days after the commencement of the plan under subparagraph (C) and each year thereafter until the regulations described in such subparagraph are prescribed, the Administrator shall submit to Congress a report on the implementation of the plan carried out under such subparagraph. Clerical amendment. The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: "44730. Repairs stations.". Regulation of Foreign Repair Stations for Security. Section 44924 of title 49, United States Code, is amended by adding at the end the following: Compliance of Foreign Repair Stations With Security Regulations. Prohibition on certification of foreign repair stations that do not comply with security regulations. The Administrator may not certify or recertify a foreign repair station under part 145 of title 14, Code of Federal Regulations, unless such foreign repair station is in compliance with all applicable final security regulations prescribed under subsection (f). Notification to air carriers of noncompliance by foreign repair stations. If the Under Secretary for Border and Transportation Security of the Department of Homeland Security is aware that a foreign repair station is not in compliance with a security regulation or that a security issue or vulnerability has been identified with respect to such foreign repair station in a security review or audit required under subsection (a) or any regulation prescribed under subsection , the Under Secretary shall provide notice to each air carrier that holds a certificate under part 121 of title 14, Code of Federal Regulations, of such noncompliance or security issue or vulnerability.". Update of Foreign Repair Fee Schedule. In general. Not later than 1 year after the date of the enactment of this Act, the Administrator shall revise the methodology for computation of fees for certification services performed outside the United States under part 187 of title 14, Code of Federal Regulations, to cover fully the costs to the Federal Aviation Administration of such certification services, including the costs of all related inspection services. All travel expenses, salary, and employment benefits of inspectors who provide such services. And any increased costs to the Administration resulting from requirements of this section. Updates. The Administrator shall periodically revise such methodology to account for subsequent changes in such costs to the Administration. Annual Report by Inspector General. Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Inspector General of the Department of Transportation shall submit to Congress a report on the implementation of section 44730 of title 49, United States Code, as added by subsection (b)(1) of this section, subsection (b)(2) of this section. Subsection (h) of section 44924 of such title, as added by subsection (c) of this section, subsection (d) of this section. And the regulations prescribed or amended under the provisions described in this subsection.

Safe Aviation Facilities Ensure Aircraft Integrity and Reliability Act of 2008 or the SAFE AIR Act of 2008 - Requires the Administrator of the Federal Aviation Administration (FAA) to: (1) prescribe regulations requiring maintenance work on passenger aircraft to be performed by certain authorized individuals. (2) certify to Congress that the FAA has inspected each foreign repair station that has performed work on US air carrier aircraft or components at least twice in the preceding year and tested persons who perform safety-sensitive functions at such stations for use of alcohol or controlled substances. And (3) develop a plan to identify all noncertified maintenance providers that have performed maintenance work on such aircraft. Prohibits the Administrator from certifying a foreign repair station unless it complies with certain final security regulations.

A bill to provide for adequate oversight and inspection by the Federal Aviation Administration of facilities outside the United States that perform maintenance and repair work on United States commercial aircraft, and for other purposes.

115_hr2733

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Our Heroes Act''. SEC. 2. ESTABLISHMENT OF PILOT GRANT PROGRAM FOR HOMELESS VETERANS. (a) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot grant program to assess the feasibility and advisability of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. (b) Grants.-- (1) Award.--In carrying out the pilot program under subsection (a), the Secretary shall award grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. (2) Maximum amount.--The amount of a single grant awarded under paragraph (1) shall not exceed $1,000,000. (3) Number.--The Secretary may award to an eligible entity more than one grant under paragraph (1). (c) Eligible Entities.--The Secretary may award a grant under subsection (b)(1) to any of the following: (1) A veterans service agency. (2) A veterans service organization. (3) Homeless organizations. (4) Any other nongovernmental organization. (d) Selection of Grant Recipients.-- (1) Application.--Any eligible entity seeking a grant under subsection (b)(1) shall submit to the Secretary an application therefore in such form and in such manner as the Secretary considers appropriate. (2) Requirements.--The Secretary may only award grants under subsection (b)(1) to an eligible entity that demonstrates, as determined by the Secretary-- (A) a record of financial stability; and (B) experience in developing housing for homeless veterans. (3) Selection priority.-- (A) Communities with greatest need.--Subject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under subsection (b)(1) to eligible entities who serve communities that the Secretary determines have the greatest need of homeless services. (B) Geographic distribution.--The Secretary may give priority in the awarding of grants under subsection (b)(1) to achieve a fair distribution, as determined by the Secretary, among homeless veterans in different geographical regions. (C) Other agreements.--In awarding a grant under subsection (b)(1) to an eligible entity in a location determined pursuant to subparagraphs (A) and (B), the Secretary shall give preference to eligible entities that are entered into an agreement with the Secretary under section 2041 of title 38, United States Code. (e) Use of Grant Funds.-- (1) Purposes.--A grantee may use amounts of a grant awarded to the grantee under subsection (b)(1) to purchase or renovate abandoned homes, including homes that have been foreclosed. (2) Maximum purchase amount.--The Secretary shall establish maximum amounts, based on geography, for grants awarded under subsection (b)(1) that may be used for the purchase of a single home. (3) Payment program.-- (A) The United States shall not have any ownership interest in a home that is purchased by a grantee using amounts of a grant awarded under subsection (b)(1). (B) Each grantee shall ensure that, beginning one year after the date on which a veteran begins to reside in a home purchased or renovated by the grantee using a grant awarded under subsection (b)(1), the veteran makes monthly payments to the grantee in an amount determined appropriate by the grantee that is not less than 85 percent of the fair market rent for such home. (C) Each grantee shall determine whether payments made by a veteran under subparagraph (B) shall be treated as rent or as a mortgage for the home for which the veteran is making such payments. The Secretary, in coordination with the Secretary of Housing and Urban Development, shall determine the requirements for such payments. (D) Each grantee shall pay to the Secretary of Veterans Affairs not less than 80 percent of each payment received under subparagraph (B). (E) The Secretary may conduct an audit of any grantee to ensure that the grantee carries out this paragraph. (4) Veterans homelessness grant fund.-- (A) There is established in the Treasury a fund to be known as the ``Veterans Homelessness Grant Fund'' (in this paragraph referred to as the ``Fund''). (B) The Secretary shall deposit into the Fund the payments collected by the Secretary under paragraph (3)(D). (C) Amounts deposited into the Fund pursuant to subparagraph (B) shall be available to the Secretary to carry out the pilot program under subsection (a) without further appropriation. The Secretary may not use such amounts from the Fund for any other purpose unless pursuant to a specific provision of law. (f) Duration.--The Secretary shall carry out the pilot program under subsection (a) during the three-year period beginning on the date of the commencement of the pilot program. (g) Consultation.--The Secretary may consult with nongovernmental entities in developing the pilot program under subsection (a). (h) Annual Reports.--During each year in which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to Congress a report that details, with respect to the year covered by the report, the number of grants awarded, the amounts so awarded, the progress of home purchase and renovation made by eligible entities using such grants, and the number of tenants currently paying rent towards such homes. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary a total of $25,000,000 to carry out the pilot program under subsection (a). (j) Homeless Veteran Defined.--In this section, the term ``homeless veteran'' means any of the following veterans: (1) A veteran who is eligible to receive housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)). (2) A veteran who is receiving-- (A) assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code; or (B) services for which per diem payment is received under section 2012 of such title. (3) A veteran who is-- (A) a beneficiary of the outreach program carried out under section 2022(e) of such title; or (B) in receipt of referral or counseling services from the program carried out under section 2023 of such title. (4) A veteran who is receiving a service or assistance under section 2031 of such title. (5) A veteran who is residing in therapeutic housing operated under section 2032 of such title. (6) A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title. (7) A veteran who is receiving supportive services under section 2044 of such title.

Housing Our Heroes Act This bill directs the Department of Veterans Affairs (VA) to begin a three-year pilot grant program to assess the feasibility of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Eligible entities are veterans service agencies and organizations, homeless organizations, and other nongovernmental organizations that demonstrate a record of financial stability and experience in developing housing for homeless veterans. The VA shall give grant priority to entities that serve communities with the greatest need of homeless services and may give grant priority to achieve geographic grant distribution. The bill establishes the Veterans Homelessness Grant Fund.

Housing Our Heroes Act

8,508

733

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Housing Our Heroes Act". <SECTION-HEADER> ESTABLISHMENT OF PILOT GRANT PROGRAM FOR HOMELESS VETERANS. Establishment. Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot grant program to assess the feasibility and advisability of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Grants. Award. In carrying out the pilot program under subsection (a), the Secretary shall award grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Maximum amount. The amount of a single grant awarded under paragraph (1) shall not exceed $1,000,000. Number. The Secretary may award to an eligible entity more than one grant under paragraph (1). Eligible Entities. The Secretary may award a grant under subsection (b)(1) to any of the following: A veterans service agency. A veterans service organization. Homeless organizations. Any other nongovernmental organization. Selection of Grant Recipients. Application. Any eligible entity seeking a grant under subsection (b)(1) shall submit to the Secretary an application therefore in such form and in such manner as the Secretary considers appropriate. Requirements. The Secretary may only award grants under subsection (b)(1) to an eligible entity that demonstrates, as determined by the Secretary a record of financial stability. And experience in developing housing for homeless veterans. Selection priority. Communities with greatest need. Subject to subparagraph (B), in accordance with regulations the Secretary shall prescribe, the Secretary shall give priority in the awarding of grants under subsection (1) to eligible entities who serve communities that the Secretary determines have the greatest need of homeless services. Geographic distribution. The Secretary may give priority in the awarding of grants under subsection (b)(1) to achieve a fair distribution, as determined by the Secretary, among homeless veterans in different geographical regions. Other agreements. In awarding a grant under subsection (b)(1) to an eligible entity in a location determined pursuant to subparagraphs (A) and (B), the Secretary shall give preference to eligible entities that are entered into an agreement with the Secretary under section 2041 of title 38, United States Code. Use of Grant Funds. Purposes. A grantee may use amounts of a grant awarded to the grantee under subsection (b)(1) to purchase or renovate abandoned homes, including homes that have been foreclosed. Maximum purchase amount. The Secretary shall establish maximum amounts, based on geography, for grants awarded under subsection (b)(1) that may be used for the purchase of a single home. Payment program. The United States shall not have any ownership interest in a home that is purchased by a grantee using amounts of a grant awarded under subsection (b)(1). Each grantee shall ensure that, beginning one year after the date on which a veteran begins to reside in a home purchased or renovated by the grantee using a grant awarded under subsection (b)(1), the veteran makes monthly payments to the grantee in an amount determined appropriate by the grantee that is not less than 85 percent of the fair market rent for such home. Each grantee shall determine whether payments made by a veteran under subparagraph (B) shall be treated as rent or as a mortgage for the home for which the veteran is making such payments. The Secretary, in coordination with the Secretary of Housing and Urban Development, shall determine the requirements for such payments. Each grantee shall pay to the Secretary of Veterans Affairs not less than 80 percent of each payment received under subparagraph (B). The Secretary may conduct an audit of any grantee to ensure that the grantee carries out this paragraph. Veterans homelessness grant fund. There is established in the Treasury a fund to be known as the "Veterans Homelessness Grant Fund" . The Secretary shall deposit into the Fund the payments collected by the Secretary under paragraph (D). Amounts deposited into the Fund pursuant to subparagraph (B) shall be available to the Secretary to carry out the pilot program under subsection (a) without further appropriation. The Secretary may not use such amounts from the Fund for any other purpose unless pursuant to a specific provision of law. Duration. The Secretary shall carry out the pilot program under subsection (a) during the three-year period beginning on the date of the commencement of the pilot program. Consultation. The Secretary may consult with nongovernmental entities in developing the pilot program under subsection (a). Annual Reports. During each year in which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to Congress a report that details, with respect to the year covered by the report, the number of grants awarded, the amounts so awarded, the progress of home purchase and renovation made by eligible entities using such grants, and the number of tenants currently paying rent towards such homes. Authorization of Appropriations. There is authorized to be appropriated to the Secretary a total of $25,000,000 to carry out the pilot program under subsection (a). Homeless Veteran Defined. In this section, the term "homeless veteran" means any of the following veterans: A veteran who is eligible to receive housing, clinical services, and case management assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 USC. 1437f(o)(19)). A veteran who is receiving assistance from, or is the beneficiary of a service furnished by, a program that is in receipt of a grant under section 2011 of title 38, United States Code. Or services for which per diem payment is received under section 2012 of such title. A veteran who is a beneficiary of the outreach program carried out under section 2022(e) of such title. Or in receipt of referral or counseling services from the program carried out under section 2023 of such title. A veteran who is receiving a service or assistance under section 2031 of such title. A veteran who is residing in therapeutic housing operated under section 2032 of such title. A veteran who is receiving domiciliary services under section 2043 of such title or domiciliary care under section 1710(b) of such title. A veteran who is receiving supportive services under section 2044 of such title.

Housing Our Heroes Act This bill directs the Department of Veterans Affairs (VA) to begin a three-year pilot grant program to assess the feasibility of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Eligible entities are veterans service agencies and organizations, homeless organizations, and other nongovernmental organizations that demonstrate a record of financial stability and experience in developing housing for homeless veterans. The VA shall give grant priority to entities that serve communities with the greatest need of homeless services and may give grant priority to achieve geographic grant distribution. The bill establishes the Veterans Homelessness Grant Fund.

Housing Our Heroes Act

111_hr3623

SECTION 1. FINDINGS. Congress finds the following: (1) The claims of a significant number of African-American farmers who brought discrimination cases against the Department of Agriculture in the case Pigford v. Glickman were denied without such farmers receiving a hearing on the merits of those claims. (2) Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2210) states that it is Congress' express intent that such section ``be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each Pigford claim previously denied that determination,'' and explicitly authorizes expedited resolutions to Pigford claims. (3) Such section authorizes the expenditure of $100,000,000 from the Commodity Credit Corporation for the purpose of addressing such claims. (4) The $100,000,000 expenditure was not intended to serve as a cap, but was intended to serve as a place-holder allowing Congress to increase funding as necessary so that each Pigford claim may be determined on the merits. (5) The number of African-American farmers who have had discrimination claims against the Department of Agriculture unfairly denied may total more than 77,000 persons. (6) Funding in addition to the $100,000,000 made available in such section 14012 will be needed to achieve Congress' intent to carry out the remedial purpose of having each Pigford claim determined on the merits. SEC. 2. FUNDING FOR PIGFORD CLAIMS. Section 14012 of the Food, Conservation, and Energy Act of 2008 (122 Stat. 2209; Public Law 110-246) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Criminal Penalties.-- ``(1) In general.--It shall be unlawful for any person to-- ``(A) knowingly execute, or attempt to execute, a scheme or artifice to defraud, or obtain money or property from any person by means of false or fraudulent pretenses, representations, or promises, relating to the eligibility or ability of a person to-- ``(i) file a civil action relating to a Pigford claim; ``(ii) submit a late-filing request under section 5(g) of the consent decree; ``(iii) obtain a determination on the merits of a Pigford claim; or ``(iv) recover damages or other relief relating to a Pigford claim; and ``(B) for the purpose of executing the scheme or artifice or attempting so to do, or obtaining the money or property-- ``(i) place or deposit, or cause to be placed or deposited, any matter or thing to be sent or delivered by the Postal Service or any private or commercial interstate carrier; ``(ii) take or receive any matter or thing sent or delivered by the Postal Service or any private or commercial interstate carrier; ``(iii) knowingly cause to be delivered by the Postal Service or any private or commercial interstate carrier any matter or thing according to the direction on the matter or thing, or at the place at which the matter or thing is directed to be delivered by the person to whom it is addressed; or ``(iv) transmit, or cause to be transmitted, any writings, signs, signals, pictures, or sounds by means of wire, radio, or television communication in interstate or foreign commerce. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.''; and (2) in subsection (i), by striking paragraph (2) and inserting the following: ``(2) Permanent judgment appropriation.-- ``(A) In general.--After the expenditure of all funds made available under paragraph (1), any additional payments or debt relief in satisfaction of claims against the United States under subsection (b) and for any actions under subsection (f) or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. ``(B) Authorization of certain expenses.-- Reasonable attorney's fees, administrative costs, and expenses described in section 14(a) of the consent decree and related to adjudicating the merits of claims brought under subsection (b), (f), or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. ``(3) Authorization of appropriations.--In addition to any other funds made available under this subsection, there are authorized to be appropriated such sums as are necessary to carry out this section.''.

Amends the Food, Conservation, and Energy Act of 2008 to make it unlawful for a person to knowingly commit specified fraudulent acts relating to a Pigford claim . Subjects a violator to criminal fine andor up to five years in prison. Provides for: (1) access to the permanent judgment fund for additional claims payments or debt relief after the expenditure of amounts otherwise made available for claims payments. And (2) reasonable attorney fees, administrative costs, and expenses to be paid from such fund.

To amend the Food, Conservation, and Energy Act of 2008 to provide funding for successful claimants following a determination on the merits of Pigford claims related to racial discrimination by the Department of Agriculture.

5,830

510

<SECTION-HEADER> FINDINGS. Congress finds the following: The claims of a significant number of African-American farmers who brought discrimination cases against the Department of Agriculture in the case Pigford v. Glickman were denied without such farmers receiving a hearing on the merits of those claims. Section 14012 of the Food, Conservation, and Energy Act of 2008 states that it is Congress' express intent that such section "be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each Pigford claim previously denied that determination," and explicitly authorizes expedited resolutions to Pigford claims. Such section authorizes the expenditure of $100,000,000 from the Commodity Credit Corporation for the purpose of addressing such claims. The $100,000,000 expenditure was not intended to serve as a cap, but was intended to serve as a place-holder allowing Congress to increase funding as necessary so that each Pigford claim may be determined on the merits. The number of African-American farmers who have had discrimination claims against the Department of Agriculture unfairly denied may total more than 77,000 persons. Funding in addition to the $100,000,000 made available in such section 14012 will be needed to achieve Congress' intent to carry out the remedial purpose of having each Pigford claim determined on the merits. <SECTION-HEADER> FUNDING FOR PIGFORD CLAIMS. Section 14012 of the Food, Conservation, and Energy Act of 2008 is amended by striking subsection (c) and inserting the following: Criminal Penalties. In general. It shall be unlawful for any person to knowingly execute, or attempt to execute, a scheme or artifice to defraud, or obtain money or property from any person by means of false or fraudulent pretenses, representations, or promises, relating to the eligibility or ability of a person to file a civil action relating to a Pigford claim. Submit a late-filing request under section 5(g) of the consent decree, obtain a determination on the merits of a Pigford claim. Or recover damages or other relief relating to a Pigford claim. And for the purpose of executing the scheme or artifice or attempting so to do, or obtaining the money or property place or deposit, or cause to be placed or deposited, any matter or thing to be sent or delivered by the Postal Service or any private or commercial interstate carrier. Take or receive any matter or thing sent or delivered by the Postal Service or any private or commercial interstate carrier. Knowingly cause to be delivered by the Postal Service or any private or commercial interstate carrier any matter or thing according to the direction on the matter or thing, or at the place at which the matter or thing is directed to be delivered by the person to whom it is addressed. Or transmit, or cause to be transmitted, any writings, signs, signals, pictures, or sounds by means of wire, radio, or television communication in interstate or foreign commerce. Penalty. Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.". And in subsection (i), by striking paragraph (2) and inserting the following: Permanent judgment appropriation. In general. After the expenditure of all funds made available under paragraph (1), any additional payments or debt relief in satisfaction of claims against the United States under subsection (b) and for any actions under subsection (f) or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. Authorization of certain expenses. Reasonable attorney's fees, administrative costs, and expenses described in section 14(a) of the consent decree and related to adjudicating the merits of claims brought under subsection (b), (f), or (g) shall be paid from amounts appropriated under section 1304 of title 31, United States Code. Authorization of appropriations. In addition to any other funds made available under this subsection, there are authorized to be appropriated such sums as are necessary to carry out this section.".

Amends the Food, Conservation, and Energy Act of 2008 to make it unlawful for a person to knowingly commit specified fraudulent acts relating to a Pigford claim . Subjects a violator to criminal fine andor up to five years in prison. Provides for: (1) access to the permanent judgment fund for additional claims payments or debt relief after the expenditure of amounts otherwise made available for claims payments. And (2) reasonable attorney fees, administrative costs, and expenses to be paid from such fund.

To amend the Food, Conservation, and Energy Act of 2008 to provide funding for successful claimants following a determination on the merits of Pigford claims related to racial discrimination by the Department of Agriculture.

114_hr4666

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. (a) Background Checks.--Not later than 2 years after the date of enactment of this Act, each State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect policies and procedures that-- (1) require that a criminal background check be conducted for each school employee that includes-- (A) a search of the State criminal registry or repository of the State in which the school employee resides; (B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); (2) prohibit the employment of a school employee as a school employee if such employee-- (A) refuses to consent to a criminal background check under paragraph (1); (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of-- (i) murder; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency; (4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check; (5) provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to-- (A) challenge the accuracy or completeness of the information produced by such criminal background check; and (B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency; and (7) allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. (b) Fees for Background Checks.-- (1) Charging of fees.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check. (2) Administrative funds.--A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to pay any reasonable fees charged for conducting such criminal background check. (c) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``secondary school'', ``local educational agency'', ``State'', and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) School employee.--The term ``school employee'' means-- (A) a person who-- (i) is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or (B)(i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Protecting Students from Sexual and Violent Predators Act This bill requires anbsp. State or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories. Prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted ofnbsp, one ofnbsp, specified crimes. Require background checks to be periodically repeated or updated in accordance with state law or LEA policies, provide a school employeenbsp. With a timely process to appeal the results of a background check. Ensure that such policies and procedures are published on state and LEA websites. And allow an LEA to share the results of a school employee'snbsp. Recent background check with another LEA that is considering that individual for employment.

Protecting Students from Sexual and Violent Predators Act

7,065

984

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protecting Students from Sexual and Violent Predators Act". <SECTION-HEADER> BACKGROUND CHECKS. Background Checks. Not later than 2 years after the date of enactment of this Act, each State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives funds under the Elementary and Secondary Education Act of 1965 shall have in effect policies and procedures that require that a criminal background check be conducted for each school employee that includes a search of the State criminal registry or repository of the State in which the school employee resides. A search of State-based child abuse and neglect registries and databases of the State in which the school employee resides. A Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. And a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006. Prohibit the employment of a school employee as a school employee if such employee refuses to consent to a criminal background check under paragraph (1). Makes a false statement in connection with such criminal background check, has been convicted of a felony consisting of murder, child abuse or neglect, a crime against children, including child pornography, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson. Or physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1). Or has been convicted of any other crime that is a violent or sexual crime against a minor. Require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency. Upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check. Provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to challenge the accuracy or completeness of the information produced by such criminal background check. And establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected. Ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency. And allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. Fees for Background Checks. Charging of fees. The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check. Administrative funds. A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 to pay any reasonable fees charged for conducting such criminal background check. Definitions. In this Act: In general. The terms "elementary school", "secondary school", "local educational agency", "State", and "State educational agency" have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 . School employee. The term "school employee" means a person who is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965. And as a result of such employment, has a job duty that results in unsupervised access to elementary school or secondary school students. Or (i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965. And such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Protecting Students from Sexual and Violent Predators Act This bill requires anbsp. State or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories. Prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted ofnbsp, one ofnbsp, specified crimes. Require background checks to be periodically repeated or updated in accordance with state law or LEA policies, provide a school employeenbsp. With a timely process to appeal the results of a background check. Ensure that such policies and procedures are published on state and LEA websites. And allow an LEA to share the results of a school employee'snbsp. Recent background check with another LEA that is considering that individual for employment.

Protecting Students from Sexual and Violent Predators Act

107_s1258

SECTION 1. SHORT TITLE. This Act may be cited as the ``YMCA Teen Action Agenda Enhancement Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) one in 10 teens, 2,400,000 teens across the Nation, are currently involved in a program offered by a local YMCA; (2) recognizing the unique obstacles faced by teenagers, the YMCA has launched the Teen Action Agenda, a nationwide campaign to double this number and serve 1 in 5 teens by 2005; (3) in more than 1,900 YMCAs across the United States in cities large and small, in neighborhoods rich and poor, teen groups meet regularly and engage one another in safe, wholesome, educational, and creative activities; (4) it is well-documented that teens who participate in structured activities after school are less likely to drink alcohol, carry or use weapons, smoke cigarettes, engage in early sexual activity, or skip school; (5) YMCAs serve people of all faiths, races, abilities, ages, and incomes; (6) approximately 400 YMCAs partner with juvenile courts, 300 partner with public housing developments, 1550 partner with elementary schools, and 1033 partner with high schools; (7) the YMCA is volunteer-founded and volunteer-led and depends on more than 600,000 volunteers to meet the unique needs of their communities; (8) the YMCA is especially committed to reaching teens that are most at-risk for school failure or delinquency; and (9) the prosperity of our Nation depends upon maximizing and fulfilling the potential of its young people. SEC. 3. DEFINITIONS. In this Act: (1) Local ymca.--The term ``local YMCA'' means one of the approximately 2,400 locally incorporated and governed YMCAs in the United States. (2) Teen program.--The term ``teen program'' means any program primarily attended by individuals between the ages of 11 and 19. (3) YMCA of the usa.--The term ``YMCA of the USA'' means the private, nonprofit, national membership and service organization of approximately 2,400 local YMCAs. SEC. 4. GRANTS TO THE YMCA OF THE USA. (a) Purposes.--Subject to the availability of appropriations, the Attorney General shall award a grant to the YMCA of the USA for the purpose of carrying out YMCA programs for at-risk teens in accordance with the provisions of this Act. (b) Subgrants.--From amounts awarded under subsection (a), the YMCA of the USA shall make subgrants to local YMCAs authorizing expenditures associated with providing programs, including the hiring of teachers and other personnel, procurement of goods and services (including computer equipment), or such other expenditures as are approved by the Attorney General. SEC. 5. USE OF FUNDS. (a) In General.-- (1) Programs for at-risk teens.--Amounts granted under this Act shall be used by the YMCA of the USA to provide funding to carry out YMCA programs that have a primary purpose of serving teens who are determined to be at-risk for school failure or delinquency. (2) Program requirements.--Each program for which assistance is provided under this Act shall include at least 3 of the following different activities: (A) Mentoring assistance. (B) Academic assistance. (C) Recreational, fitness, and athletic activities. (D) Technology training. (E) Drug, alcohol, and gang prevention. (F) Job and life skills. (G) Character development and values education. (H) Leadership development. (I) Truancy and dropout prevention. (J) Civic education. (K) Volunteerism and service learning. (L) Parenting skills. (M) Literary, performing, and visual arts. (N) Mental health services. (O) Alternative education. (P) Any research-based activity shown to have a positive impact on the academic and social outcomes of teens. (b) Additional Requirements.--In carrying out the programs under subsection (a), a local YMCA shall, to the maximum extent practicable-- (1) use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways; (2) develop creative methods of conducting outreach to teens in the community; (3) request donations of computer equipment and other materials and equipment; and (4) work with State and local educational and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. (c) Funding for Program Administration.--Of the amounts granted to the YMCA of the USA under this Act in each fiscal year, the YMCA of the USA shall use-- (1) not less than 2 percent for research and evaluation of the subgrants made under this Act; (2) not less than 1 percent for technical assistance related to the subgrants awarded under this Act; and (3) not more than 6 percent for the management and administration of the subgrants made under this Act. SEC. 6. APPLICATIONS FOR SUBGRANTS. (a) Eligibility.--To be eligible to receive a subgrant under this Act, an applicant shall submit an application to the YMCA of the USA. (b) Contents.--Each application submitted shall include-- (1) a request for a subgrant to be used for the purposes of this Act; (2) a description of the population to be served by the subgrant and information demonstrating that this population is at-risk for school failure or delinquency; (3) a description of the program to be expanded or established by the subgrant; (4) information demonstrating the manner in which the local YMCA will carry out the planning, establishment, implementation, sustainability, and evaluation of the program funded by the subgrant; (5) information demonstrating that there are non-Federal contributions (which may be in the form of an in-kind contribution of goods or services) available to cover at least 50 percent of the total cost of the project; and (6) any additional statistical or financial information that the YMCA of the USA may reasonably require. (c) Consideration of Subgrants.--In awarding subgrants under this Act, the YMCA of the USA shall consider-- (1) the ability of the applicant to provide the intended services; (2) the history and establishment of the applicant in providing teen activities; and (3) efforts to achieve an equitable geographic distribution of subgrant awards. SEC. 7. REPORT. For each fiscal year for which a grant is awarded under this Act, the YMCA of the USA shall submit to the Attorney General a report that details the progress and effectiveness of the YMCA programs in reaching measurable outcomes. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2002 through 2006. (b) Continued Availability.--Amounts made available to carry out this Act shall remain available until expended.

YMCA Teen Action Agenda Enhancement of 2001 - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs for at-risk teens which include specified types of activities.

A bill to improve academic and social outcomes for teenage youth.

8,008

223

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "YMCA Teen Action Agenda Enhancement Act of 2001". <SECTION-HEADER> FINDINGS. Congress finds that one in 10 teens, 2,400,000 teens across the Nation, are currently involved in a program offered by a local YMCA. Recognizing the unique obstacles faced by teenagers, the YMCA has launched the Teen Action Agenda, a nationwide campaign to double this number and serve 1 in 5 teens by 2005. In more than 1,900 YMCAs across the United States in cities large and small, in neighborhoods rich and poor, teen groups meet regularly and engage one another in safe, wholesome, educational, and creative activities. It is well-documented that teens who participate in structured activities after school are less likely to drink alcohol, carry or use weapons, smoke cigarettes, engage in early sexual activity, or skip school. YMCAs serve people of all faiths, races, abilities, ages, and incomes. Approximately 400 YMCAs partner with juvenile courts, 300 partner with public housing developments, 1550 partner with elementary schools, and 1033 partner with high schools. The YMCA is volunteer-founded and volunteer-led and depends on more than 600,000 volunteers to meet the unique needs of their communities. The YMCA is especially committed to reaching teens that are most at-risk for school failure or delinquency. And the prosperity of our Nation depends upon maximizing and fulfilling the potential of its young people. <SECTION-HEADER> DEFINITIONS. In this Act: Local ymca. The term "local YMCA" means one of the approximately 2,400 locally incorporated and governed YMCAs in the United States. Teen program. The term "teen program" means any program primarily attended by individuals between the ages of 11 and 19. YMCA of the usa. The term "YMCA of the USA" means the private, nonprofit, national membership and service organization of approximately 2,400 local YMCAs. <SECTION-HEADER> GRANTS TO THE YMCA OF THE USA. Purposes. Subject to the availability of appropriations, the Attorney General shall award a grant to the YMCA of the USA for the purpose of carrying out YMCA programs for at-risk teens in accordance with the provisions of this Act. Subgrants. From amounts awarded under subsection (a), the YMCA of the USA shall make subgrants to local YMCAs authorizing expenditures associated with providing programs, including the hiring of teachers and other personnel, procurement of goods and services , or such other expenditures as are approved by the Attorney General. <SECTION-HEADER> USE OF FUNDS. In General. Programs for at-risk teens. Amounts granted under this Act shall be used by the YMCA of the USA to provide funding to carry out YMCA programs that have a primary purpose of serving teens who are determined to be at-risk for school failure or delinquency. Program requirements. Each program for which assistance is provided under this Act shall include at least 3 of the following different activities: Mentoring assistance. Academic assistance. Recreational, fitness, and athletic activities. Technology training. Drug, alcohol, and gang prevention. Job and life skills. Character development and values education. Leadership development. Truancy and dropout prevention. Civic education. Volunteerism and service learning. Parenting skills. Literary, performing, and visual arts. Mental health services. Alternative education. Any research-based activity shown to have a positive impact on the academic and social outcomes of teens. Additional Requirements. In carrying out the programs under subsection (a), a local YMCA shall, to the maximum extent practicable use volunteers from businesses, academic communities, social organizations, and law enforcement organizations to serve as mentors or to assist in other ways. Develop creative methods of conducting outreach to teens in the community, request donations of computer equipment and other materials and equipment. And work with State and local educational and recreation agencies so that activities funded with amounts made available under a grant under this Act will not duplicate activities funded from other sources in the community served. Funding for Program Administration. Of the amounts granted to the YMCA of the USA under this Act in each fiscal year, the YMCA of the USA shall use not less than 2 percent for research and evaluation of the subgrants made under this Act. Not less than 1 percent for technical assistance related to the subgrants awarded under this Act. And not more than 6 percent for the management and administration of the subgrants made under this Act. <SECTION-HEADER> APPLICATIONS FOR SUBGRANTS. Eligibility. To be eligible to receive a subgrant under this Act, an applicant shall submit an application to the YMCA of the USA. Contents. Each application submitted shall include a request for a subgrant to be used for the purposes of this Act. A description of the population to be served by the subgrant and information demonstrating that this population is at-risk for school failure or delinquency. A description of the program to be expanded or established by the subgrant. Information demonstrating the manner in which the local YMCA will carry out the planning, establishment, implementation, sustainability, and evaluation of the program funded by the subgrant. Information demonstrating that there are non-Federal contributions available to cover at least 50 percent of the total cost of the project. And any additional statistical or financial information that the YMCA of the USA may reasonably require. Consideration of Subgrants. In awarding subgrants under this Act, the YMCA of the USA shall consider the ability of the applicant to provide the intended services. The history and establishment of the applicant in providing teen activities. And efforts to achieve an equitable geographic distribution of subgrant awards. <SECTION-HEADER> REPORT. For each fiscal year for which a grant is awarded under this Act, the YMCA of the USA shall submit to the Attorney General a report that details the progress and effectiveness of the YMCA programs in reaching measurable outcomes. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. In General. There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2002 through 2006. Continued Availability. Amounts made available to carry out this Act shall remain available until expended.

YMCA Teen Action Agenda Enhancement of 2001 - Directs the Attorney General to award a grant to the YMCA of the USA to make subgrants to local YMCAs for programs for at-risk teens which include specified types of activities.

A bill to improve academic and social outcomes for teenage youth.

107_hr850

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Coast Guard Museum Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is no national museum to commemorate and honor the Coast Guard's history, mission, personnel, and traditions or those of its predecessor services and agencies. (2) There should be established a National Coast Guard Museum to commemorate the 210 years of national maritime and military history of the Coast Guard and its predecessor services and agencies. SEC. 3. DEFINITIONS. In this Act: (1) Association.--The term ``Association'' means the National Coast Guard Museum Association (a nonprofit corporation established under the laws of the State of Massachusetts), or a similar organization. (2) Museum.--The term ``Museum'' means the National Coast Guard Museum established under sections 4(a). (3) Commandant.--The term ``Commandant'' means the Commandant of the Coast Guard. (4) Fund.--The term ``Fund'' means the National Coast Guard Museum Fund established under section 5(a). SEC. 4. NATIONAL COAST GUARD MUSEUM. (a) Establishment.--The Commandant may, in accordance with this section, establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. (b) Construction.-- (1) License.--The Commandant may grant a license to the Association authorizing the Association to construct facilities for the Museum on the land specified under subsection (a). (2) Terms.--The license under this subsection shall include terms that establish the following: (A) Upon completion of construction of facilities under the license, the Association shall donate such facilities, including any associated improvements, fixtures, and related personal property, as a gift to Coast Guard. (B) The United States shall have no responsibility for project management. (C) The Association shall be responsible for preparation of the design and plans for facilities constructed under the license, except that the design and plans shall be subject to the approval of the Commandant (3) Funding.--(A) The Commandant shall not allow construction of facilities for the Museum to begin, and may not provide any Federal funds for that construction, unless the Commandant determines that sufficient amounts, not less than $10,000,000, are available from non-Federal sources to complete construction of the Museum in accordance with the design and plans approved under paragraph (2)(C). (B) For the purposes of constructing the Museum, and subject to the availability of appropriations, the Commandant may transfer to the Association up to $10,000,000. (C) The Commandant shall require that amounts transferred under subparagraph (B) that are not expended on the construction of the Museum shall be returned to the Coast Guard and deposited into the Fund. (4) Liability.--The United States shall not be liable for any act or omission relating to construction under the license. (c) Commandant's Authorities.--Notwithstanding any other provision of law, in connection with the establishment, operation, and maintenance of the Museum, the Commandant may-- (1) rent or lease space within the Museum for gift shops, food concessions, meeting or special event spaces, and similar purposes or activities, under such terms and conditions, and for such periods of time, as the Commandant considers appropriate; (2) accept, hold, administer, and, without further Act of appropriation, spend any gift, devise, or bequest of real or personal property (including funds) that is made on the condition that it be used for the benefit of, or in connection with the establishment, operation, or maintenance of, the Museum; (3) pay necessary expenses in connection with the conveyance or transfer of any such gift, devise or bequest; and (4) perform other acts as the Commandant deems reasonable and appropriate. (d) Treatment of Gifts.--For the purposes of Federal income, estate, and gift taxes, property that is accepted under subsection (c)(2) shall be considered as a gift, devise, or bequest to or for the use of the United States. SEC. 5. NATIONAL COAST GUARD MUSEUM FUND. (a) Establishment.--There is established in the Treasury a separate account that shall be known as the ``National Coast Guard Museum Fund''. (b) Contents.--The Fund shall consist of the following: (1) Gifts, devises, and bequests of funds accepted under section 4(c)(2). (2) Amounts received by the United States from the rental or leasing of space within the Museum under section 4(a). (3) Interest credited under subsection (d). (4) Amounts deposited under section 4(b)(3)(C). (c) Use.--The Commandant may make disbursements from the Fund for the establishment, operation, or maintenance of the Museum, without further Act of appropriation and without fiscal year limitation. (d) Investment.-- (1) In general.--Upon request of the Commandant, the Secretary of the Treasury may invest amounts in the Fund in securities of, or in securities whose principal and interest are guaranteed by, the United States Government. (2) Interest.--The interest and profits accruing from investments under this subsection shall be deposited to the credit of the Fund.

National Coast Guard Museum Act of 2001 - Authorizes the Commandant of the Coast Guard to establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. Establishes in the Treasury the National Coast Guard Museum Fund.

To provide for the establishment of the National Coast Guard Museum on Federal lands administered by the Coast Guard.

6,174

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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Coast Guard Museum Act of 2001". <SECTION-HEADER> FINDINGS. The Congress finds the following: There is no national museum to commemorate and honor the Coast Guard's history, mission, personnel, and traditions or those of its predecessor services and agencies. There should be established a National Coast Guard Museum to commemorate the 210 years of national maritime and military history of the Coast Guard and its predecessor services and agencies. <SECTION-HEADER> DEFINITIONS. In this Act: Association. The term "Association" means the National Coast Guard Museum Association , or a similar organization. Museum. The term "Museum" means the National Coast Guard Museum established under sections 4(a). Commandant. The term "Commandant" means the Commandant of the Coast Guard. Fund. The term "Fund" means the National Coast Guard Museum Fund established under section 5(a). <SECTION-HEADER> NATIONAL COAST GUARD MUSEUM. Establishment. The Commandant may, in accordance with this section, establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. Construction. License. The Commandant may grant a license to the Association authorizing the Association to construct facilities for the Museum on the land specified under subsection (a). Terms. The license under this subsection shall include terms that establish the following: Upon completion of construction of facilities under the license, the Association shall donate such facilities, including any associated improvements, fixtures, and related personal property, as a gift to Coast Guard. The United States shall have no responsibility for project management. The Association shall be responsible for preparation of the design and plans for facilities constructed under the license, except that the design and plans shall be subject to the approval of the Commandant Funding. (A) The Commandant shall not allow construction of facilities for the Museum to begin, and may not provide any Federal funds for that construction, unless the Commandant determines that sufficient amounts, not less than $10,000,000, are available from non-Federal sources to complete construction of the Museum in accordance with the design and plans approved under paragraph (2)(C). For the purposes of constructing the Museum, and subject to the availability of appropriations, the Commandant may transfer to the Association up to $10,000,000. The Commandant shall require that amounts transferred under subparagraph (B) that are not expended on the construction of the Museum shall be returned to the Coast Guard and deposited into the Fund. Liability. The United States shall not be liable for any act or omission relating to construction under the license. Commandant's Authorities. Notwithstanding any other provision of law, in connection with the establishment, operation, and maintenance of the Museum, the Commandant may rent or lease space within the Museum for gift shops, food concessions, meeting or special event spaces, and similar purposes or activities, under such terms and conditions, and for such periods of time, as the Commandant considers appropriate. Accept, hold, administer, and, without further Act of appropriation, spend any gift, devise, or bequest of real or personal property that is made on the condition that it be used for the benefit of, or in connection with the establishment, operation, or maintenance of, the Museum. Pay necessary expenses in connection with the conveyance or transfer of any such gift, devise or bequest. And perform other acts as the Commandant deems reasonable and appropriate. Treatment of Gifts. For the purposes of Federal income, estate, and gift taxes, property that is accepted under subsection (2) shall be considered as a gift, devise, or bequest to or for the use of the United States. <SECTION-HEADER> NATIONAL COAST GUARD MUSEUM FUND. Establishment. There is established in the Treasury a separate account that shall be known as the "National Coast Guard Museum Fund". Contents. The Fund shall consist of the following: Gifts, devises, and bequests of funds accepted under section 4(c)(2). Amounts received by the United States from the rental or leasing of space within the Museum under section 4(a). Interest credited under subsection (d). Amounts deposited under section 4(b)(3)(C). Use. The Commandant may make disbursements from the Fund for the establishment, operation, or maintenance of the Museum, without further Act of appropriation and without fiscal year limitation. Investment. In general. Upon request of the Commandant, the Secretary of the Treasury may invest amounts in the Fund in securities of, or in securities whose principal and interest are guaranteed by, the United States Government. Interest. The interest and profits accruing from investments under this subsection shall be deposited to the credit of the Fund.

National Coast Guard Museum Act of 2001 - Authorizes the Commandant of the Coast Guard to establish, operate, and maintain a National Coast Guard Museum on Federal lands that are administered by the Coast Guard and specified by the Commandant. Establishes in the Treasury the National Coast Guard Museum Fund.

To provide for the establishment of the National Coast Guard Museum on Federal lands administered by the Coast Guard.

108_hr898

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking ``and'' at the end of each clause. (2) By striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. ``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs and budget to provide the services to which members of the tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs and budget with the first budget request submitted to Congress after the fiscal year in which the tribal roll is verified. ``(c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the tribe's constitution adopted on November 11, 2000, which verification shall be completed not less than 1 year after the date of the enactment of this section. ``Sec. 4. Fee lands which the tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary of the Interior as `on-reservation' trust acquisitions under part 151 of title 25 Code of Federal Regulations (or a successor regulation) if such lands are located within Robeson County, North Carolina. ``Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on, lands located within the state of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. ``(c) The provisions of this subsection shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``Sec. 6. There are authorized to be appropriated such sums as are necessary to carry out this Act.''.

Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina.

To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

5,471

91

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Lumbee Recognition Act". <SECTION-HEADER> PREAMBLE. The preamble to the Act of June 7, 1956 , is amended as follows: By striking "and" at the end of each clause. By striking ": Now, therefore," at the end of the last clause and inserting a semicolon. By adding at the end the following new clauses: "Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers. "Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe. "Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe. And "Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,". <SECTION-HEADER> FEDERAL RECOGNITION. The Act of June 7, 1956 , is amended as follows: By striking the last sentence of the first section. By striking section 2 and inserting the following new sections: "<SECTION-HEADER> (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. "<SECTION-HEADER> (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs and budget to provide the services to which members of the tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs and budget with the first budget request submitted to Congress after the fiscal year in which the tribal roll is verified. For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the tribe's constitution adopted on November 11, 2000, which verification shall be completed not less than 1 year after the date of the enactment of this section. "<SECTION-HEADER> Fee lands which the tribe seeks to convey to the United States to be held in trust shall be treated by the Secretary of the Interior as `on-reservation' trust acquisitions under part 151 of title 25 Code of Federal Regulations if such lands are located within Robeson County, North Carolina. "<SECTION-HEADER> (a) The State of North Carolina shall exercise jurisdiction over all criminal offenses that are committed on. And all civil actions that arise on, lands located within the state of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in paragraph (1) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. The provisions of this subsection shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 . "<SECTION-HEADER> There are authorized to be appropriated such sums as are necessary to carry out this Act.".

Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina.

To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

109_s608

SECTION 1. OFFICE OF PENSION PARTICIPANT ADVOCACY. (a) In General.--Title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1201 et seq.) is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``SEC. 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY. ``(a) Establishment.-- ``(1) In general.--There is established in the Department of Labor an office to be known as the `Office of Pension Participant Advocacy'. ``(2) Pension participant advocate.--The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the `Pension Participant Advocate' who shall-- ``(A) have demonstrated experience in the area of pension participant assistance, and ``(B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. ``(b) Functions of Office.--It shall be the function of the Office of Pension Participant Advocacy to-- ``(1) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women's, and other appropriate organizations in assisting and protecting pension plan participants, including-- ``(A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, ``(B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and ``(C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, ``(2) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including-- ``(A) enlisting the cooperation of the public and private sectors in disseminating information, and ``(B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, ``(3) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, ``(4) give priority to the special needs of low and moderate income participants, and ``(5) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. ``(c) Reports.-- ``(1) Annual report.--Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall-- ``(A) identify significant problems the Advocate has identified, ``(B) include specific legislative and regulatory changes to address the problems, and ``(C) identify any actions taken to correct problems identified in any previous report. The Pension Participant Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. ``(2) Specific reports.--The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. ``(3) Reports to be submitted directly.--The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by any person other than the Secretary or any other Federal officer or employee. ``(d) Specific Powers.-- ``(1) Receipt of information.--Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate's responsibilities under this section. ``(2) Appearances.--The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. ``(3) Contracting authority.--In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law-- ``(A) contract with any person to acquire statistical information with respect to pension plan participants, and ``(B) conduct direct surveys of pension plan participants.''. (b) Conforming Amendment.--The table of contents for title III of such Act is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``3051. Office of Pension Participant Advocacy''. (c) Effective Date.--The amendment made by this section shall take effect on January 1, 2006.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an Office of Pension Participant Advocacy, with a Pension Participant Advocate, in the Department of Labor.

A bill to create an independent office in the Department of Labor to advocate on behalf of pension participants, and for other purposes.

6,858

187

<SECTION-HEADER> OFFICE OF PENSION PARTICIPANT ADVOCACY. In General. Title III of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: "Subtitle D Office of Pension Participant Advocacy "Section 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY. Establishment. In general. There is established in the Department of Labor an office to be known as the `Office of Pension Participant Advocacy'. Pension participant advocate. The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the `Pension Participant Advocate' who shall have demonstrated experience in the area of pension participant assistance, and be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. Functions of Office. It shall be the function of the Office of Pension Participant Advocacy to evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women's, and other appropriate organizations in assisting and protecting pension plan participants, including serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including enlisting the cooperation of the public and private sectors in disseminating information, and forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, give priority to the special needs of low and moderate income participants, and develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. Reports. Annual report. Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall identify significant problems the Advocate has identified, include specific legislative and regulatory changes to address the problems, and identify any actions taken to correct problems identified in any previous report. The Pension Participant Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. Specific reports. The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. Reports to be submitted directly. The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by any person other than the Secretary or any other Federal officer or employee. Specific Powers. Receipt of information. Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information as may be necessary to enable the Pension Participant Advocate to carry out the Advocate's responsibilities under this section. Appearances. The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. Contracting authority. In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law contract with any person to acquire statistical information with respect to pension plan participants, and conduct direct surveys of pension plan participants.". Conforming Amendment. The table of contents for title III of such Act is amended by adding at the end the following: "Subtitle D Office of Pension Participant Advocacy "3051. Office of Pension Participant Advocacy". Effective Date. The amendment made by this section shall take effect on January 1, 2006.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an Office of Pension Participant Advocacy, with a Pension Participant Advocate, in the Department of Labor.

A bill to create an independent office in the Department of Labor to advocate on behalf of pension participants, and for other purposes.

110_s1831

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Student Loan Disclosure Enhancement Act of 2007''. SEC. 2. APPLICATION OF TRUTH IN LENDING ACT . Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is amended by inserting before the period at the end the following ``, and other than private education loans, as that term is defined in section 128(e), regardless of the amount financed''. SEC. 3. ENHANCED DISCLOSURES FOR PRIVATE STUDENT LOANS. (a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following: ``(e) Terms and Disclosure With Respect to Private Student Loans.-- ``(1) Disclosures required in private student loan applications and solicitations.--In any application for a private student loan, or a solicitation for a private student loan without requiring an application, the lender shall disclose to the borrower, clearly and conspicuously-- ``(A) the potential range of annual percentage rates of interest applicable to the private student loan; ``(B) whether the rate of interest applicable to the private student loan is fixed or variable; ``(C) limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof; ``(D) requirements for a parent or co-borrower, including any changes in the applicable interest rates without a parent or co-borrower; ``(E) all potential finance charges, late fees, penalties, and adjustments to principal, based on transgressions of the borrower; ``(F) fees or range of fees (along with basis for variations in fees) applicable to the private student loan; ``(G) the term of loan; ``(H) whether interest will accrue while the student to whom the private student loan relates is enrolled at an institution of higher education; ``(I) payment deferral options, including whether the deferment would apply to interest or principal, or both; ``(J) if only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest; ``(K) whether deferrals may be extended for additional periods of enrollment at an institution of higher education; ``(L) the duration of any payment grace period; ``(M) eligibility criteria for the private student loan; ``(N) 3 examples of the total cost of the private student loan over the life of the loan-- ``(i) 2 of which shall be calculated using the same principal amount, one of those using the maximum possible rate of interest (or 36 percent, if no maximum amount is specified in the terms of the loan); and ``(ii) calculated both with and without capitalization of interest if that is an option for postponing interest payments; ``(O) in any case in which the applicable rate of interest is variable, a disclosure that interest rates are variable and that any projected cost at less than the maximum rate of interest is likely to go up significantly; ``(P) a statement that an institution of higher education may have school-specific student loan benefits and terms not detailed on the disclosure form; and ``(Q) such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. ``(2) Disclosures at the time of private student loan approval.--Contemporaneously with the approval of a private student loan application, and before the loan transaction is consummated, the lender shall disclose to the borrower, clearly and conspicuously-- ``(A) the applicable rate of interest; ``(B) whether the rate of interest applicable to the private student loan is fixed or variable; ``(C) limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof; ``(D) the principal amount for repayment; ``(E) the applicable annual percentage rate (or `APR') with respect to the private student loan; ``(F) applicable finance charges, late fees, penalties, and adjustments to principal, based upon borrower transgressions; ``(G) fees upon disbursement of the private student loan; ``(H) the term of the private student loan; ``(I) the monthly payment, calculated using the rate of interest in effect on the date of approval, initially required after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, and the maximum monthly payment to which such amount could increase if rates are variable, which amounts shall be calculated-- ``(i) using the principal amount that will be in effect at that post-enrollment time (incorporating accrual of interest during the educational years, if applicable), rather than at the time of consummation of the loan; and ``(ii) in the case of a variable rate private student loan that has no cap on the rate of interest, assuming a maximum interest rate of 36 percent; ``(J) an estimate of the total amount for repayment, at both the interest rate in effect on the date of approval, and at the maximum possible rate of interest if the rate is variable (assuming a maximum rate of 36 percent if no maximum rate is specified by the terms of the loan); ``(K) any principal and interest payments required while the student to whom the private student loan relates is enrolled at an institution of higher education and interest which will accrue during such enrollment; ``(L) payment deferral options, including whether the deferment would apply to interest or principal, or both; ``(M) if only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest; ``(N) whether deferrals may be extended for additional periods of enrollment at an institution of higher education; ``(O) the duration of any payment grace period; ``(P) any penalty for early repayment of the private student loan; ``(Q) whether monthly payments are graduated; ``(R) that the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan, to accept the terms of the private education loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period; and ``(S) such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. ``(3) Format of disclosures.--Disclosures required under paragraphs (1) and (2) shall appear in a clearly legible (not less than 12-point font), uniform format, subject to section 122(c). ``(4) Effective period of approved rate of interest and loan terms.--With respect to a private student loan, the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan to accept the terms of the loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period, subject to the rules of the Board. ``(5) Definitions.--For purposes of this subsection-- ``(A) the term `institution of higher education' has the same meaning as in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); ``(B) the term `lender' means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof; and ``(C) the term `private education loan' means a private loan provided by a lender that-- ``(i) is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(ii) is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.''. (b) Regulations To Carry Out Private Education Loan Disclosures.-- (1) In general.--The Board of Governors of the Federal Reserve System (in this section referred to as the ``Board'') shall issue regulations in final form to carry out section 128(e) of the Truth in Lending Act, as added by this section, not later than 6 months after the date of enactment of this Act. (2) Development and testing of disclosure statement.--The Board shall, in issuing regulations under paragraph (1), develop and test for readability a disclosure statement for student borrowers that is consistent with the requirements of section 122(c) of the Truth in Lending Act (15 U.S.C. 1638(c)). (c) Conforming Amendment.--Section 122(c) of the Truth in Lending Act (15 U.S.C. 1632(c)) is amended by inserting ``and in section 128(e)'' before ``shall be''. SEC. 4. ENFORCEMENT OF REQUIREMENTS FOR PRIVATE EDUCATION LOANS. Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended-- (1) in subsection (a), in the fourth sentence of the undesignated matter at the end, by inserting ``or section 128(e),'' before ``or for failing''; and (2) in subsection (e), in the first sentence, by inserting before the period the following: ``, except that, in the case of a private education loan (as defined in section 127(e)), such an action may be brought not later than one year after the date on which the first monthly payment on the loan is due after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, unless full repayment begins earlier with no deferral of interest or principal''. SEC. 5. DISCLOSURES OF FEDERAL LOAN AVAILABILITY. (a) Disclosure Required.--The Board shall issue regulations in final form not later than 6 months after the date of enactment of this Act to require each lender to disclose in accordance with subsection (b), contemporaneously with the disclosures required under paragraphs (1) and (2) of section 128(e) of the Truth in Lending Act (as added by this Act), that the student borrower may be eligible for a Federal education loan. (b) Development and Testing of Disclosure Statement.--The Board shall, in issuing regulations under subsection (a), develop and test for readability a disclosure statement for student borrowers that-- (1) encourages students to maximize their use of Federal education loans; (2) discloses that Federal educational loans are less costly than private education loans; and (3) discloses the average rate of interest for Federal educational loans. (c) Format.--The disclosures developed under this section shall be made in clear language and in a conspicuous location separate from the disclosures made under section 128(e) of the Truth in Lending Act, as added by this Act, using at least size 12 point font. (d) Definitions.--As used in this section-- (1) the term ``Board'' means the Board of Governors of the Federal Reserve System ; (2) the term ``Federal education loan'' means a loan that is -- (A) made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (B) is issued for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender; (3) the term ``institution of higher education'' has the same meaning as in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); (4) the term ``lender'' means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof, as those terms are defined in section 103 of the Truth in Lending Act; and (5) the term ``private education loan'' means a private loan provided by a lender that-- (A) is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (B) is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.

Private Student Loan Disclosure Enhancement Act of 2007 - Amends the Truth in Lending Act to subject private education loans to its consumer credit disclosure requirements. Sets forth the private student loan terms and conditions which lenders must clearly and conspicuously disclose to borrowers in any application or solicitation for such a loan and contemporaneously with the approval of a private student loan application. Gives private student loan borrowers 30 days after the loan is approved and the required loan disclosure information is received to accept and consummate the loan transaction. Subjects lenders to civil liability for violating such requirements. Requires civil actions to be brought within one year after the first monthly payment on the loan becomes due after the borrower leaves school, unless full repayment begins earlier. Requires private student loan providers, when making the required loan disclosures, to inform borrowers of their possible eligibility for federal educational loans. Requires the Board of Governors of the Federal Reserve System to develop and test a student borrower disclosure statement that encourages students to use federal educational loans and discloses their average interest rate and the fact that they are less costly than private education loans.

A bill to amend the Truth in Lending Act, to improve disclosures for private student loans, and for other purposes.

16,035

1,308

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Private Student Loan Disclosure Enhancement Act of 2007". <SECTION-HEADER> APPLICATION OF TRUTH IN LENDING ACT . Section 104(3) of the Truth in Lending Act (15 USC. 1603(3)) is amended by inserting before the period at the end the following ", and other than private education loans, as that term is defined in section 128(e), regardless of the amount financed". <SECTION-HEADER> ENHANCED DISCLOSURES FOR PRIVATE STUDENT LOANS. In General. Section 128 of the Truth in Lending Act is amended by adding at the end the following: Terms and Disclosure With Respect to Private Student Loans. Disclosures required in private student loan applications and solicitations. In any application for a private student loan, or a solicitation for a private student loan without requiring an application, the lender shall disclose to the borrower, clearly and conspicuously the potential range of annual percentage rates of interest applicable to the private student loan. Whether the rate of interest applicable to the private student loan is fixed or variable. Limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof. Requirements for a parent or co-borrower, including any changes in the applicable interest rates without a parent or co-borrower. All potential finance charges, late fees, penalties, and adjustments to principal, based on transgressions of the borrower. Fees or range of fees applicable to the private student loan, the term of loan. Whether interest will accrue while the student to whom the private student loan relates is enrolled at an institution of higher education. Payment deferral options, including whether the deferment would apply to interest or principal, or both. If only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest. Whether deferrals may be extended for additional periods of enrollment at an institution of higher education, the duration of any payment grace period, eligibility criteria for the private student loan. 3 examples of the total cost of the private student loan over the life of the loan 2 of which shall be calculated using the same principal amount, one of those using the maximum possible rate of interest. And calculated both with and without capitalization of interest if that is an option for postponing interest payments. In any case in which the applicable rate of interest is variable, a disclosure that interest rates are variable and that any projected cost at less than the maximum rate of interest is likely to go up significantly. A statement that an institution of higher education may have school-specific student loan benefits and terms not detailed on the disclosure form. And such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. Disclosures at the time of private student loan approval. Contemporaneously with the approval of a private student loan application, and before the loan transaction is consummated, the lender shall disclose to the borrower, clearly and conspicuously the applicable rate of interest. Whether the rate of interest applicable to the private student loan is fixed or variable. Limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof, the principal amount for repayment. The applicable annual percentage rate with respect to the private student loan. Applicable finance charges, late fees, penalties, and adjustments to principal, based upon borrower transgressions, fees upon disbursement of the private student loan, the term of the private student loan. The monthly payment, calculated using the rate of interest in effect on the date of approval, initially required after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, and the maximum monthly payment to which such amount could increase if rates are variable, which amounts shall be calculated using the principal amount that will be in effect at that post-enrollment time , rather than at the time of consummation of the loan. And in the case of a variable rate private student loan that has no cap on the rate of interest, assuming a maximum interest rate of 36 percent. An estimate of the total amount for repayment, at both the interest rate in effect on the date of approval, and at the maximum possible rate of interest if the rate is variable. Any principal and interest payments required while the student to whom the private student loan relates is enrolled at an institution of higher education and interest which will accrue during such enrollment. Payment deferral options, including whether the deferment would apply to interest or principal, or both. If only principal may be deferred, whether the student may postpone the payment of interest by capitalization of the interest. Whether deferrals may be extended for additional periods of enrollment at an institution of higher education, the duration of any payment grace period, any penalty for early repayment of the private student loan, whether monthly payments are graduated. That the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan, to accept the terms of the private education loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period. And such other information as the Board shall prescribe, by rule, as necessary for consumers to make informed borrowing decisions. Format of disclosures. Disclosures required under paragraphs (1) and (2) shall appear in a clearly legible , uniform format, subject to section 122(c). Effective period of approved rate of interest and loan terms. With respect to a private student loan, the borrower shall have 30 calendar days following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan to accept the terms of the loan and consummate the transaction, and the rates and terms of the loan may not be changed by the lender during that period, subject to the rules of the Board. Definitions. For purposes of this subsection the term `institution of higher education' has the same meaning as in section 102 of the Higher Education Act of 1965. The term `lender' means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof. And the term `private education loan' means a private loan provided by a lender that is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965. And is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.". Regulations To Carry Out Private Education Loan Disclosures. In general. The Board of Governors of the Federal Reserve System shall issue regulations in final form to carry out section 128(e) of the Truth in Lending Act, as added by this section, not later than 6 months after the date of enactment of this Act. Development and testing of disclosure statement. The Board shall, in issuing regulations under paragraph (1), develop and test for readability a disclosure statement for student borrowers that is consistent with the requirements of section 122(c) of the Truth in Lending Act (15 USC. 1638(c)). Conforming Amendment. Section 122(c) of the Truth in Lending Act (15 USC. 1632(c)) is amended by inserting "and in section 128(e)" before "shall be". <SECTION-HEADER> ENFORCEMENT OF REQUIREMENTS FOR PRIVATE EDUCATION LOANS. Section 130 of the Truth in Lending Act is amended in subsection (a), in the fourth sentence of the undesignated matter at the end, by inserting "or section 128(e)," before "or for failing". And in subsection (e), in the first sentence, by inserting before the period the following: ", except that, in the case of a private education loan (as defined in section 127(e)), such an action may be brought not later than one year after the date on which the first monthly payment on the loan is due after the student to whom the private student loan relates is no longer enrolled at an institution of higher education, unless full repayment begins earlier with no deferral of interest or principal". <SECTION-HEADER> DISCLOSURES OF FEDERAL LOAN AVAILABILITY. Disclosure Required. The Board shall issue regulations in final form not later than 6 months after the date of enactment of this Act to require each lender to disclose in accordance with subsection , contemporaneously with the disclosures required under paragraphs and (2) of section 128(e) of the Truth in Lending Act , that the student borrower may be eligible for a Federal education loan. Development and Testing of Disclosure Statement. The Board shall, in issuing regulations under subsection (a), develop and test for readability a disclosure statement for student borrowers that encourages students to maximize their use of Federal education loans. Discloses that Federal educational loans are less costly than private education loans. And discloses the average rate of interest for Federal educational loans. Format. The disclosures developed under this section shall be made in clear language and in a conspicuous location separate from the disclosures made under section 128(e) of the Truth in Lending Act, as added by this Act, using at least size 12 point font. Definitions. As used in this section the term "Board" means the Board of Governors of the Federal Reserve System. The term "Federal education loan" means a loan that is made, insured, or guaranteed under title IV of the Higher Education Act of 1965. And is issued for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender. The term "institution of higher education" has the same meaning as in section 102 of the Higher Education Act of 1965. The term "lender" means a creditor, other than an issuer of credit under a residential mortgage transaction, and any agent thereof, as those terms are defined in section 103 of the Truth in Lending Act. And the term "private education loan" means a private loan provided by a lender that is not made, insured, or guaranteed under any Federal, State, or local government unit, including under subtitle B of title IV of the Higher Education Act of 1965. And is issued by a lender for postsecondary educational expenses to a student, or the parent of the student, regardless of whether the loan is provided through the educational institution that the student attends or directly to the student or parent from the lender.

Private Student Loan Disclosure Enhancement Act of 2007 - Amends the Truth in Lending Act to subject private education loans to its consumer credit disclosure requirements. Sets forth the private student loan terms and conditions which lenders must clearly and conspicuously disclose to borrowers in any application or solicitation for such a loan and contemporaneously with the approval of a private student loan application. Gives private student loan borrowers 30 days after the loan is approved and the required loan disclosure information is received to accept and consummate the loan transaction. Subjects lenders to civil liability for violating such requirements. Requires civil actions to be brought within one year after the first monthly payment on the loan becomes due after the borrower leaves school, unless full repayment begins earlier. Requires private student loan providers, when making the required loan disclosures, to inform borrowers of their possible eligibility for federal educational loans. Requires the Board of Governors of the Federal Reserve System to develop and test a student borrower disclosure statement that encourages students to use federal educational loans and discloses their average interest rate and the fact that they are less costly than private education loans.

A bill to amend the Truth in Lending Act, to improve disclosures for private student loans, and for other purposes.

106_hr4507

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit Rail Access Improvement and Needs Act for the 21st Century''. SEC. 2. FINDINGS. The Congress finds that-- (1) modern and efficient fixed guideway transportation is important to the viability and well being of metropolitan areas and to the energy conservation and self-sufficiency goals of the United States; (2) public convenience and necessity require the development of fixed guideway transportation systems in metropolitan areas presently without such service, and the expansion of existing systems in metropolitan areas already receiving such service; (3) use of existing railroad trackage and rights-of-way in and around metropolitan areas provides a unique and valuable opportunity for the development and expansion of fixed guideway transportation facilities with a minimum of disruption to the environment and the surrounding community; and (4) voluntary negotiations between mass transportation authorities and rail carriers regarding shared use of existing railroad trackage and rights-of-way have not been adequate to ensure the development of sound and efficient fixed guideway transportation systems. SEC. 3. RAIL TRANSIT ACCESS. (a) Amendment.--Part E of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 285--RAIL TRANSIT ACCESS ``Sec. ``28501. Definitions. ``28502. Shared use of rail carrier trackage by mass transportation authorities. ``28503. Shared use of rail rights-of-way by mass transportation authorities. ``28504. Applicability of other laws. ``28505. Standards for Board action. ``Sec. 28501. Definitions ``In this chapter-- ``(1) `Board' means the Surface Transportation Board; ``(2) `fixed guideway transportation' means mass transportation (as defined in section 5302(a)(7)) provided on, by, or using a fixed guideway (as defined in section 5302(a)(4)); ``(3) `mass transportation authority' means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, fixed guideway transportation; ``(4) `rail carrier' means a person providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105; ``(5) `segregated fixed guideway facility' means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and ``(6) `trackage' means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier. ``Sec. 28502. Shared use of rail carrier trackage by mass transportation authorities ``(a) Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of fixed guideway transportation, the Board shall, upon application of the mass transportation authority or the rail carrier, and if the Board finds it necessary or useful to carry out this chapter-- ``(1) order that the trackage be made available and the related services be provided to the mass transportation authority; and ``(2) prescribe reasonable terms and compensation for use of the trackage and provision of the related services, based upon the rail carrier's incremental cost of providing such trackage and services. ``(b) Quality of Service.--When prescribing reasonable compensation under subsection (a)(2), the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the trackage and providing the related services. ``(c) Terms of Operation.--When prescribing reasonable terms under subsection (a)(2), the Board may prescribe the number of trains that may be operated by or for the mass transportation authority, the speeds at which such trains may be operated, and the trackage maintenance levels to be provided by the rail carrier. ``(d) Additional Trains.--When a rail carrier and a mass transportation authority cannot agree to terms for the operation of additional trains by or for a mass transportation authority over a rail line of the carrier, the mass transportation authority or the rail carrier may apply to the Board for an order establishing such terms. If the Board finds it reasonable to carry out this chapter, the Board shall order the rail carrier to allow operation of the requested additional trains on such terms as the Board finds reasonable under the circumstances. ``(e) Trackage Maintenance.--If a mass transportation authority believes that maintenance on trackage operated by or for the mass transportation authority has fallen below a safe or necessary level, the mass transportation authority may, after notice to the rail carrier and a sufficient period for maintenance improvements, apply to the Board for an order requiring the rail carrier to provide increased or improved maintenance on the trackage. If the Board finds it reasonable to carry out this part, the Board shall order the rail carrier to provide such increased or improved maintenance as the Board finds reasonable under the circumstances. The remedy available under this subsection shall be in addition to any contract rights that a mass transportation authority may possess with respect to trackage maintenance. ``(f) Accelerated Speeds.--If a rail carrier refuses to allow accelerated speeds for trains operated by or for a mass transportation authority, the mass transportation authority may apply to the Board for an order requiring the rail carrier to allow the accelerated speeds and related improvements. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. The Board shall establish the maximum allowable speeds for trains operated by or for a mass transportation authority on terms the Board decides are reasonable. ``(g) Preference Over Freight Transportation.--Except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under subsection (a) has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this chapter. A rail carrier affected by this subsection may apply to the Board for relief. If the Board decides that preference for fixed guideway transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the rail carrier and the mass transportation authority on reasonable terms. ``(h) Final Determination.--The Board shall make a determination under this section not later than 120 days after a mass transportation authority or a rail carrier submits an application to the Board. ``Sec. 28503. Shared use of rail rights-of-way by mass transportation authorities ``(a) General Authority.--If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the mass transportation authority may apply to the Board for an order requiring the rail carrier to convey an interest to the authority. The Board, not later than 120 days after receiving the application, shall order the interest conveyed if-- ``(1) conveyance will not impair significantly the efficient handling of rail freight traffic; ``(2) the mass transportation authority assumes all reasonable costs associated with any necessary relocation of a rail carrier's trackage within the right-of-way; and ``(3) the fixed guideway transportation purpose of the proposed segregated fixed guideway facility cannot be met adequately by acquiring an interest in other property. ``(b) Compensation and Terms.--A conveyance ordered by the Board under this section shall be subject to the payment of just compensation and to such other reasonable terms as the Board may prescribe. ``Sec. 28504. Applicability of other laws ``(a) Board Review or Approval.--Operations or conveyances undertaken pursuant to an order issued under section 28502 or 28503 are not subject to Board review or approval under subtitle IV of this title. ``(b) Contractual Obligations for Claims.--Nothing in this chapter shall be construed to limit a rail transportation provider's right under section 28103(b) to enter into contracts that allocate financial responsibility for claims. ``Sec. 28505. Standards for Board action ``In proceedings under sections 28502 and 28503 the Board shall utilize, to the extent relevant and feasible, the principles, standards, and precedents utilized in proceedings under sections 24308 and 24311(c) involving the National Railroad Passenger Corporation.''. (b) Conforming Amendments.-- (1) Limitations on rail passenger transportation liability.--Section 28103(a) of title 49, United States Code, is amended by inserting ``or other fixed guideway transportation'' after ``commuter''. (2) Table of chapters.--The table of chapters of subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 283 the following new item: ``285. RAIL TRANSIT ACCESS......................... 28501''.

Authorizes the mass transportation authority or the rail carrier to apply to the Board for an order establishing reasonable terms for the operation of additional trains by or for the authority over a rail line of the carrier, when the carrier and the authority cannot agree to terms. Authorizes a mass transportation authority, after notice to the rail carrier and a sufficient period for maintenance improvements, to apply to the Board for an order requiring the carrier to provide increased or improved maintenance on the trackage if the authority believes that maintenance on trackage operated by or for the authority has fallen below a safe or necessary level. Authorizes a mass transportation authority to apply to the Board for an order requiring the rail carrier to allow accelerated speeds and related improvements if the rail carrier refuses to allow them. Declares that, except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under this Act has preference over freight transportation in using a rail line, junction, or crossing, unless the Board orders otherwise. Declares that if, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the authority may apply to the Board for an order requiring the carrier to convey an interest to the authority.

Transit Rail Access Improvement and Needs Act for the 21st Century

10,431

1,501

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Transit Rail Access Improvement and Needs Act for the 21st Century". <SECTION-HEADER> FINDINGS. The Congress finds that modern and efficient fixed guideway transportation is important to the viability and well being of metropolitan areas and to the energy conservation and self-sufficiency goals of the United States. Public convenience and necessity require the development of fixed guideway transportation systems in metropolitan areas presently without such service, and the expansion of existing systems in metropolitan areas already receiving such service. Use of existing railroad trackage and rights-of-way in and around metropolitan areas provides a unique and valuable opportunity for the development and expansion of fixed guideway transportation facilities with a minimum of disruption to the environment and the surrounding community. And voluntary negotiations between mass transportation authorities and rail carriers regarding shared use of existing railroad trackage and rights-of-way have not been adequate to ensure the development of sound and efficient fixed guideway transportation systems. <SECTION-HEADER> RAIL TRANSIT ACCESS. Amendment. Part E of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter: "CHAPTER 285 RAIL TRANSIT ACCESS "Section "28501. Definitions. "28502. Shared use of rail carrier trackage by mass transportation authorities. "28503. Shared use of rail rights-of-way by mass transportation authorities. "28504. Applicability of other laws. "28505. Standards for Board action. "Section 28501. Definitions "In this chapter `Board' means the Surface Transportation Board. `fixed guideway transportation' means mass transportation (as defined in section 5302(a)(7)) provided on, by, or using a fixed guideway (as defined in section 5302(a)(4)). `mass transportation authority' means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, fixed guideway transportation. `rail carrier' means a person providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105. `segregated fixed guideway facility' means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes. And `trackage' means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier. "Section 28502. Shared use of rail carrier trackage by mass transportation authorities Authority. If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of fixed guideway transportation, the Board shall, upon application of the mass transportation authority or the rail carrier, and if the Board finds it necessary or useful to carry out this chapter order that the trackage be made available and the related services be provided to the mass transportation authority. And prescribe reasonable terms and compensation for use of the trackage and provision of the related services, based upon the rail carrier's incremental cost of providing such trackage and services. Quality of Service. When prescribing reasonable compensation under subsection (a)(2), the Board shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the trackage and providing the related services. Terms of Operation. When prescribing reasonable terms under subsection (a)(2), the Board may prescribe the number of trains that may be operated by or for the mass transportation authority, the speeds at which such trains may be operated, and the trackage maintenance levels to be provided by the rail carrier. Additional Trains. When a rail carrier and a mass transportation authority cannot agree to terms for the operation of additional trains by or for a mass transportation authority over a rail line of the carrier, the mass transportation authority or the rail carrier may apply to the Board for an order establishing such terms. If the Board finds it reasonable to carry out this chapter, the Board shall order the rail carrier to allow operation of the requested additional trains on such terms as the Board finds reasonable under the circumstances. Trackage Maintenance. If a mass transportation authority believes that maintenance on trackage operated by or for the mass transportation authority has fallen below a safe or necessary level, the mass transportation authority may, after notice to the rail carrier and a sufficient period for maintenance improvements, apply to the Board for an order requiring the rail carrier to provide increased or improved maintenance on the trackage. If the Board finds it reasonable to carry out this part, the Board shall order the rail carrier to provide such increased or improved maintenance as the Board finds reasonable under the circumstances. The remedy available under this subsection shall be in addition to any contract rights that a mass transportation authority may possess with respect to trackage maintenance. Accelerated Speeds. If a rail carrier refuses to allow accelerated speeds for trains operated by or for a mass transportation authority, the mass transportation authority may apply to the Board for an order requiring the rail carrier to allow the accelerated speeds and related improvements. The Board shall decide whether accelerated speeds are unsafe or impracticable and which improvements would be required to make accelerated speeds safe and practicable. The Board shall establish the maximum allowable speeds for trains operated by or for a mass transportation authority on terms the Board decides are reasonable. Preference Over Freight Transportation. Except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under subsection has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this chapter. A rail carrier affected by this subsection may apply to the Board for relief. If the Board decides that preference for fixed guideway transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the rail carrier and the mass transportation authority on reasonable terms. Final Determination. The Board shall make a determination under this section not later than 120 days after a mass transportation authority or a rail carrier submits an application to the Board. "Section 28503. Shared use of rail rights-of-way by mass transportation authorities General Authority. If, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the mass transportation authority may apply to the Board for an order requiring the rail carrier to convey an interest to the authority. The Board, not later than 120 days after receiving the application, shall order the interest conveyed if conveyance will not impair significantly the efficient handling of rail freight traffic. The mass transportation authority assumes all reasonable costs associated with any necessary relocation of a rail carrier's trackage within the right-of-way. And the fixed guideway transportation purpose of the proposed segregated fixed guideway facility cannot be met adequately by acquiring an interest in other property. Compensation and Terms. A conveyance ordered by the Board under this section shall be subject to the payment of just compensation and to such other reasonable terms as the Board may prescribe. "Section 28504. Applicability of other laws Board Review or Approval. Operations or conveyances undertaken pursuant to an order issued under section 28502 or 28503 are not subject to Board review or approval under subtitle IV of this title. Contractual Obligations for Claims. Nothing in this chapter shall be construed to limit a rail transportation provider's right under section 28103(b) to enter into contracts that allocate financial responsibility for claims. "Section 28505. Standards for Board action "In proceedings under sections 28502 and 28503 the Board shall utilize, to the extent relevant and feasible, the principles, standards, and precedents utilized in proceedings under sections 24308 and 24311(c) involving the National Railroad Passenger Corporation.". Conforming Amendments. Limitations on rail passenger transportation liability. Section 28103(a) of title 49, United States Code, is amended by inserting "or other fixed guideway transportation" after "commuter". Table of chapters. The table of chapters of subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 283 the following new item: "285. RAIL TRANSIT ACCESS............. 28501".

Authorizes the mass transportation authority or the rail carrier to apply to the Board for an order establishing reasonable terms for the operation of additional trains by or for the authority over a rail line of the carrier, when the carrier and the authority cannot agree to terms. Authorizes a mass transportation authority, after notice to the rail carrier and a sufficient period for maintenance improvements, to apply to the Board for an order requiring the carrier to provide increased or improved maintenance on the trackage if the authority believes that maintenance on trackage operated by or for the authority has fallen below a safe or necessary level. Authorizes a mass transportation authority to apply to the Board for an order requiring the rail carrier to allow accelerated speeds and related improvements if the rail carrier refuses to allow them. Declares that, except in an emergency, fixed guideway transportation provided by or for a mass transportation authority pursuant to an order issued under this Act has preference over freight transportation in using a rail line, junction, or crossing, unless the Board orders otherwise. Declares that if, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility, the authority may apply to the Board for an order requiring the carrier to convey an interest to the authority.

Transit Rail Access Improvement and Needs Act for the 21st Century

104_hr3158

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pilot Small Business Technology Transfer Program Extension Act of 1996''. SEC. 2. PROGRAM EXTENSION. Section 9(n) of the Small Business Act (15 U.S.C. 638(n)) is amended-- (1) in paragraph (1)-- (A) by striking ``in fiscal year 1994, 1995, or 1996,''; (B) by striking ``and'' at the end of subparagraph (B); (C) by striking the comma at the end of subparagraph (C) and inserting ``; and''; and (D) by inserting after subparagraph (C) the following new subparagraph: ``(D) not less than 0.25 percent of such budget in fiscal year 1997 and each succeeding fiscal year,''; and (2) by adding at the end the following new paragraph: ``(4) Program expiration.--Authorization to carry out the STTR program pursuant to this subsection (and subsections (o) and (p) of this section) shall expire on September 30, 2000.''. SEC. 3. ASSESSMENT BY THE COMPTROLLER GENERAL. (a) Assessment Required.--The Comptroller General of the United States shall conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) program and the pilot Small Business Technology Transfer (STTR) program. The assessment shall address the following issues with respect to each program: (1) The extent of competition and the quality of proposals submitted for the award of SBIR and STTR agreements, and the quality of subsequent performance by the recipients of such awards. (2) Whether any adverse effects on the research or research and development programs of any sponsoring agency are attributable to the agency's participation in the SBIR program or the pilot STTR program. (3) Whether any awards by a sponsoring agency in each fiscal year represent the applicable percentages of such agency's extramural budget, identifying any systemic management weaknesses contributing to such limitation on implementation. (4) Any management techniques initiated by sponsoring agencies that attempt to minimize delays between the successful completion of a Phase I agreement and the award (and commencement of performance) under a Phase II agreement or ameliorate the adverse effects of such delays. (5) The implementation of Phase III by participating agencies, including awards in support of Phase III and other techniques adopted by the agencies to foster commercialization. (6) The extent to which small business participants in each program, especially recipients of STTR awards, utilize the results of research undertaken for Federal agencies by universities, federally funded research and development centers, and other research institutions, and the extent to which the results were subsequently developed by such small firms to meet the needs of Federal, State, and local government or advanced to use in the commercial marketplace. (7) Whether the required and structured collaboration between a small business and a research institution under the pilot STTR program is necessary in light of the experiences with voluntary collaborations under the SBIR program. (8) Any duplication between the SBIR program and the pilot STTR program. (9) The extent to which each agency participating in the SBIR program has complied with the policy directives to enhance outreach efforts to increase the participation of socially and economically disadvantaged small business concerns and women- owned small business concerns issued under section (9)(j)(2)(F) of the Small Business Act (15 U.S.C. 638(j)(2)(F)) and the extent to which each agency participating in the STTR program has made outreach efforts to increase the participation of such concerns in the agency's STTR program. (10) Any other relevant information as determined by the Comptroller General. (b) Period of Assessment.--The assessment required by subsection (a) shall focus on the implementation of each program during the period beginning October 1, 1995, and ending September 30, 1999. (c) Report.-- (1) Submission of report.--The Comptroller General shall submit a report of the assessment required by subsection (a) to the Committees on Small Business of the Senate and House of Representatives not later than February 1, 2000. (2) Appendices to report.--The report shall include-- (A) an appendix summarizing the findings of previous reports issued by the Comptroller General with respect to the SBIR program and the pilot STTR program; and (B) an appendix listing reports of other assessments of the SBIR program or the pilot STTR program issued by the Small Business Administration, any of the sponsoring agencies, and any other entities determined by the Comptroller General to be useful resources to the Congress in evaluating each program for reauthorization. SEC. 4. INTERAGENCY TASK FORCE ON COMMERCIALIZATION. (a) In General.--The Administrator of the Small Business Administration shall convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small business concerns through the SBIR program and the pilot STTR program. (b) Duties.--The interagency task force shall-- (1) review existing studies and analyses and conduct independent assessments, as may be appropriate, regarding the obstacles faced by small business entrepreneurs seeking to commercialize results of basic research or research and development undertaken through Federal funding; (2) devise recommendations to overcome (or minimize the effects of) such obstacles; and (3) address other matters that the Administrator determines are appropriate to ensure a comprehensive analysis and the development of practical recommendations. (c) Participation.-- (1) Task force membership.--The interagency task shall include participation by representatives of-- (A) the Office of the Chief Counsel for Advocacy of the Small Business Administration; (B) the 5 Executive agencies having the greatest dollar value of awards under the SBIR program in fiscal year 1995; (C) the Executive agencies participating in the pilot STTR program in fiscal year 1995; (D) the Office of Science and Technology Policy, Executive Office of the President; and (E) any other Executive agencies invited by the Administrator. (2) Public participation.--In undertaking its assessments and fashioning its recommendations, the interagency task force shall provide opportunities for consultation with representatives of-- (A) small businesses and other entities that have participated in the SBIR program or the pilot STTR program; (B) organizations representing small business concerns; (C) organizations representing venture capital sources, especially those focusing on the needs of small high-technology entrepreneurs; and (D) any other public or private entities that the Administrator determines are appropriate. (d) Schedule.-- (1) Notice and initial call for public participation.--Not earlier than May 1, 1997, the Administrator shall publish in the Federal Register (and through other means likely to result in broad dissemination) a notice, which at a minimum, announces the existence of the interagency task force, identifies the members of task force, summarizes purposes and objectives of the task force, requests suggestions and recommendations from the public regarding the work of the task force, providing at least 180 days to make a submission in response to such notice, and announces any schedule of meetings of the task force or other public meetings. (2) Ongoing public participation.--In conducting its assessments and fashioning its recommendations the task force shall make every reasonable effort to solicit ideas from the public. (e) Report.--Not later than March 1, 1999, the Administrator shall submit to the Committees on Small Business of the Senate and House of Representatives a report of the work of the interagency task force, including such recommendations for legislative or administrative action. SEC. 5. TECHNICAL CORRECTION. Section 9(e)(4)(A) of the Small Business Act (15 U.S.C. 638(e)(4)(A)) is amended by striking ``(B)(ii)'' and inserting ``(B)''.

Pilot Small Business Technology Transfer Program Extension Act of 1996 - Amends the Small Business Act to: (1) extend through FY 2000 the Small Business Technology Transfer (SBTT) Program under which specified portions of each Federal agency's research and development (RD) budget are reserved for small business cooperative RD. And (2) increase for FY 1997 and thereafter the portion reserved for small businesses under such program. Directs the Comptroller General to conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) Program and the pilot SBTT Program. Outlines issues to be addressed in such assessment, requiring a focus on programs implemented during the period beginning October 1, 1995, and ending September 30, 1999. Requires a report from the Comptroller General to the small business committees. Requires the Administrator of the Small Business Administration to convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small businesses through the SBIR and SBTT programs. Outlines task force duties and membership requirements. Requires: (1) public participation in task force activities. And (2) a notice and initial call for such participation by the Administrator. Directs the Administrator to report to the small business committees on the work of the task force, including recommendations for legislative or administrative action.

Pilot Small Business Technology Transfer Program Extension Act of 1996

9,677

1,467

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Pilot Small Business Technology Transfer Program Extension Act of 1996". <SECTION-HEADER> PROGRAM EXTENSION. Section 9(n) of the Small Business Act (15 USC. 638(n)) is amended in paragraph (1) by striking "in fiscal year 1994, 1995, or 1996,", by striking "and" at the end of subparagraph. By striking the comma at the end of subparagraph (C) and inserting ", and". And by inserting after subparagraph (C) the following new subparagraph: not less than 0.25 percent of such budget in fiscal year 1997 and each succeeding fiscal year,". And by adding at the end the following new paragraph: Program expiration. Authorization to carry out the STTR program pursuant to this subsection (and subsections (o) and shall expire on September 30, 2000.". <SECTION-HEADER> ASSESSMENT BY THE COMPTROLLER GENERAL. Assessment Required. The Comptroller General of the United States shall conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) program and the pilot Small Business Technology Transfer (STTR) program. The assessment shall address the following issues with respect to each program: The extent of competition and the quality of proposals submitted for the award of SBIR and STTR agreements, and the quality of subsequent performance by the recipients of such awards. Whether any adverse effects on the research or research and development programs of any sponsoring agency are attributable to the agency's participation in the SBIR program or the pilot STTR program. Whether any awards by a sponsoring agency in each fiscal year represent the applicable percentages of such agency's extramural budget, identifying any systemic management weaknesses contributing to such limitation on implementation. Any management techniques initiated by sponsoring agencies that attempt to minimize delays between the successful completion of a Phase I agreement and the award under a Phase II agreement or ameliorate the adverse effects of such delays. The implementation of Phase III by participating agencies, including awards in support of Phase III and other techniques adopted by the agencies to foster commercialization. The extent to which small business participants in each program, especially recipients of STTR awards, utilize the results of research undertaken for Federal agencies by universities, federally funded research and development centers, and other research institutions, and the extent to which the results were subsequently developed by such small firms to meet the needs of Federal, State, and local government or advanced to use in the commercial marketplace. Whether the required and structured collaboration between a small business and a research institution under the pilot STTR program is necessary in light of the experiences with voluntary collaborations under the SBIR program. Any duplication between the SBIR program and the pilot STTR program. The extent to which each agency participating in the SBIR program has complied with the policy directives to enhance outreach efforts to increase the participation of socially and economically disadvantaged small business concerns and women- owned small business concerns issued under section (9)(j)(2)(F) of the Small Business Act (15 USC. 638(j)(2)(F)) and the extent to which each agency participating in the STTR program has made outreach efforts to increase the participation of such concerns in the agency's STTR program. Any other relevant information as determined by the Comptroller General. Period of Assessment. The assessment required by subsection shall focus on the implementation of each program during the period beginning October 1, 1995, and ending September 30, 1999. Report. Submission of report. The Comptroller General shall submit a report of the assessment required by subsection (a) to the Committees on Small Business of the Senate and House of Representatives not later than February 1, 2000. Appendices to report. The report shall include an appendix summarizing the findings of previous reports issued by the Comptroller General with respect to the SBIR program and the pilot STTR program. And an appendix listing reports of other assessments of the SBIR program or the pilot STTR program issued by the Small Business Administration, any of the sponsoring agencies, and any other entities determined by the Comptroller General to be useful resources to the Congress in evaluating each program for reauthorization. <SECTION-HEADER> INTERAGENCY TASK FORCE ON COMMERCIALIZATION. In General. The Administrator of the Small Business Administration shall convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small business concerns through the SBIR program and the pilot STTR program. Duties. The interagency task force shall review existing studies and analyses and conduct independent assessments, as may be appropriate, regarding the obstacles faced by small business entrepreneurs seeking to commercialize results of basic research or research and development undertaken through Federal funding, devise recommendations to overcome such obstacles. And address other matters that the Administrator determines are appropriate to ensure a comprehensive analysis and the development of practical recommendations. Participation. Task force membership. The interagency task shall include participation by representatives of the Office of the Chief Counsel for Advocacy of the Small Business Administration. The 5 Executive agencies having the greatest dollar value of awards under the SBIR program in fiscal year 1995. The Executive agencies participating in the pilot STTR program in fiscal year 1995. The Office of Science and Technology Policy, Executive Office of the President. And any other Executive agencies invited by the Administrator. Public participation. In undertaking its assessments and fashioning its recommendations, the interagency task force shall provide opportunities for consultation with representatives of small businesses and other entities that have participated in the SBIR program or the pilot STTR program, organizations representing small business concerns. Organizations representing venture capital sources, especially those focusing on the needs of small high-technology entrepreneurs. And any other public or private entities that the Administrator determines are appropriate. Schedule. Notice and initial call for public participation. Not earlier than May 1, 1997, the Administrator shall publish in the Federal Register a notice, which at a minimum, announces the existence of the interagency task force, identifies the members of task force, summarizes purposes and objectives of the task force, requests suggestions and recommendations from the public regarding the work of the task force, providing at least 180 days to make a submission in response to such notice, and announces any schedule of meetings of the task force or other public meetings. Ongoing public participation. In conducting its assessments and fashioning its recommendations the task force shall make every reasonable effort to solicit ideas from the public. Report. Not later than March 1, 1999, the Administrator shall submit to the Committees on Small Business of the Senate and House of Representatives a report of the work of the interagency task force, including such recommendations for legislative or administrative action. <SECTION-HEADER> TECHNICAL CORRECTION. Section 9(e)(4)(A) of the Small Business Act (15 USC. 638(e)(4)(A)) is amended by striking "(B)(ii)" and inserting "(B)".

Pilot Small Business Technology Transfer Program Extension Act of 1996 - Amends the Small Business Act to: (1) extend through FY 2000 the Small Business Technology Transfer (SBTT) Program under which specified portions of each Federal agency's research and development (RD) budget are reserved for small business cooperative RD. And (2) increase for FY 1997 and thereafter the portion reserved for small businesses under such program. Directs the Comptroller General to conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) Program and the pilot SBTT Program. Outlines issues to be addressed in such assessment, requiring a focus on programs implemented during the period beginning October 1, 1995, and ending September 30, 1999. Requires a report from the Comptroller General to the small business committees. Requires the Administrator of the Small Business Administration to convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small businesses through the SBIR and SBTT programs. Outlines task force duties and membership requirements. Requires: (1) public participation in task force activities. And (2) a notice and initial call for such participation by the Administrator. Directs the Administrator to report to the small business committees on the work of the task force, including recommendations for legislative or administrative action.

Pilot Small Business Technology Transfer Program Extension Act of 1996

110_hr920

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiple Peril Insurance Act of 2007''. SEC. 2. FLOOD AND WINDSTORM MULTIPERIL COVERAGE. Section 1304 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) Multiperil Coverage for Damage From Flood or Windstorm.-- ``(1) In general.--The national flood insurance program established pursuant to subsection (a) shall enable the purchase of optional insurance against loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from any flood or windstorm, subject to the limitations in this subsection and section 1306(b). ``(2) Community participation requirement.--Multiperil coverage pursuant to this subsection may not be provided in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate land use and control measures (with effective enforcement provisions) which the Director finds are consistent with the comprehensive criteria for land management and use relating to windstorms establish pursuant to section 1361(d)(2). ``(3) Prohibition against duplicative coverage.--Multiperil coverage pursuant to this subsection may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by flood insurance coverage made available under this title. ``(4) Nature of coverage.--Multiperil coverage pursuant to this subsection shall-- ``(A) cover losses only from physical damage resulting from flooding or windstorm; and ``(B) provide for approval and payment of claims under such coverage upon proof that such loss must have resulted from either windstorm or flooding, but shall not require for approval and payment of a claim that the specific cause of the loss, whether windstorm or flooding, be distinguished or identified. ``(5) Actuarial rates.--Multiperil coverage pursuant to this subsection shall be made available for purchase for a property only at chargeable risk premium rates that, based on consideration of the risks involved and accepted actuarial principles, and including operating costs and allowance and administrative expenses, are required in order to make such coverage available on an actuarial basis for the type and class of properties covered. ``(6) Terms of coverage.--The Director shall, after consultation with persons and entities referred to in section 1306(a), provide by regulation for the general terms and conditions of insurability which shall be applicable to properties eligible for multiperil coverage under this subsection, subject to the provisions of this subsection, including-- ``(A) the types, classes, and locations of any such properties which shall be eligible for such coverage, which shall include residential and nonresidential properties; ``(B) subject to paragraph (7), the nature and limits of loss or damage in any areas (or subdivisions thereof) which may be covered by such coverage; ``(C) the classification, limitation, and rejection of any risks which may be advisable; ``(D) appropriate minimum premiums; ``(E) appropriate loss deductibles; and ``(F) any other terms and conditions relating to insurance coverage or exclusion that may be necessary to carry out this subsection. ``(7) Limitations on amount of coverage.--The regulations issued pursuant to paragraph (6) shall provide that the aggregate liability under multiperil coverage made available under this subsection shall not exceed the lesser of the replacement cost for covered losses or the following amounts, as applicable: ``(A) Residential structures.--In the case of residential properties-- ``(i) for any single-family dwelling, $500,000; and ``(ii) for any structure containing more than one dwelling unit, $500,000 for each separate dwelling unit in the structure; and ``(iii) $150,000 per dwelling unit for-- ``(I) any contents related to such unit; and ``(II) any necessary increases in living expenses incurred by the insured when losses from flooding or windstorm make the residence unfit to live in. ``(B) Nonresidential properties.--In the case of nonresidential properties (including church properties)-- ``(i) $1,000,000 for any single structure; and ``(ii) $750,000 for-- ``(I) any contents related to such structure; ``(II) in the case of any nonresidential property that is a business property, any losses resulting from any partial or total interruption of the insured's business caused by damage to, or loss of, such property from flooding or windstorm, except that for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood or windstorm not occurred.''. SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE. The National Flood Insurance Act of 1968 is amended by inserting after section 1313 (42 U.S.C. 4020) the following new section; ``prohibition against duplicative coverage ``Sec. 1314. Flood insurance under this title may not be provided with respect to any structure (or the personal property related thereto) for any period during which such structure is covered, at any time, by multiperil insurance coverage made available pursuant to section 1304(c).''. SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW. Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 4023) is amended-- (1) by inserting ``(a) Flood Protection Measures.--'' before ``No new''; and (2) by adding at the end the following new subsection: ``(b) Windstorm Protection Measures.--No new multiperil coverage shall be provided under section 1304(c) for any property that the Director finds has been declared by a duly constituted State or local zoning authority, or other authorized public body to be in violation of State or local laws, regulations, or ordinances, which are intended to reduce damage caused by windstorms.''. SEC. 5. CRITERIA FOR LAND MANAGEMENT AND USE. Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4102) is amended by adding at the end the following new subsection: ``(d) Windstorms.-- ``(1) Studies and investigations.--The Director shall carry out studies and investigations under this section to determine appropriate measures in windstorm-prone areas as to land management and use, windstorm zoning, and windstorm damage prevention, and may enter into contracts, agreements, and other appropriate arrangements to carry out such activities. Such studies and investigations shall include laws, regulations, and ordinance relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas. ``(2) Criteria.--On the basis of the studies and investigations pursuant to paragraph (1) and such other information as may be appropriate, the Direct shall establish comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will assist in reducing damage caused by windstorms. ``(3) Coordination with state and local governments.--The Director shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of criteria established under paragraph (2) and the adoption and enforcement of measures referred to in such paragraph .''. SEC. 6. DEFINITIONS. Section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121) is amended-- (1) in paragraph (14), by striking ``and'' at the end; (2) in paragraph (15) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(16) the term `windstorm' means any hurricane, tornado, cyclone, typhoon, or other wind event.''.

Multiple Peril Insurance Act of 2007 - Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of optional insurance against loss resulting from physical damage to or loss of real or related personal property located in the United States arising from any flood or windstorm . Restricts multiperil coverage to areas where an appropriate public body has adopted adequate land use and control measures, including effective enforcement provisions, which the Administrator of the Federal Emergency Management Agency (FEMA) finds are consistent with certain statutory criteria for land management and use relating to windstorms. Prohibits provision of multiperil coverage to any structure covered, at any time, by flood insurance under the Act. Prescribes the nature and terms of coverage, and actuarial rates. Prohibits new multiperil coverage for property declared by a duly constituted governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage.

To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes.

10,338

1,075

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Multiple Peril Insurance Act of 2007". <SECTION-HEADER> FLOOD AND WINDSTORM MULTIPERIL COVERAGE. Section 1304 of the National Flood Insurance Act of 1968 is amended by redesignating subsection (c) as subsection (d). And by inserting after subsection (b) the following new subsection: Multiperil Coverage for Damage From Flood or Windstorm. In general. The national flood insurance program established pursuant to subsection (a) shall enable the purchase of optional insurance against loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from any flood or windstorm, subject to the limitations in this subsection and section 1306(b). Community participation requirement. Multiperil coverage pursuant to this subsection may not be provided in any area unless an appropriate public body shall have adopted adequate land use and control measures which the Director finds are consistent with the comprehensive criteria for land management and use relating to windstorms establish pursuant to section 1361(d)(2). Prohibition against duplicative coverage. Multiperil coverage pursuant to this subsection may not be provided with respect to any structure for any period during which such structure is covered, at any time, by flood insurance coverage made available under this title. Nature of coverage. Multiperil coverage pursuant to this subsection shall cover losses only from physical damage resulting from flooding or windstorm. And provide for approval and payment of claims under such coverage upon proof that such loss must have resulted from either windstorm or flooding, but shall not require for approval and payment of a claim that the specific cause of the loss, whether windstorm or flooding, be distinguished or identified. Actuarial rates. Multiperil coverage pursuant to this subsection shall be made available for purchase for a property only at chargeable risk premium rates that, based on consideration of the risks involved and accepted actuarial principles, and including operating costs and allowance and administrative expenses, are required in order to make such coverage available on an actuarial basis for the type and class of properties covered. Terms of coverage. The Director shall, after consultation with persons and entities referred to in section 1306(a), provide by regulation for the general terms and conditions of insurability which shall be applicable to properties eligible for multiperil coverage under this subsection, subject to the provisions of this subsection, including the types, classes, and locations of any such properties which shall be eligible for such coverage, which shall include residential and nonresidential properties. Subject to paragraph (7), the nature and limits of loss or damage in any areas which may be covered by such coverage. The classification, limitation, and rejection of any risks which may be advisable, appropriate minimum premiums, appropriate loss deductibles. And any other terms and conditions relating to insurance coverage or exclusion that may be necessary to carry out this subsection. Limitations on amount of coverage. The regulations issued pursuant to paragraph (6) shall provide that the aggregate liability under multiperil coverage made available under this subsection shall not exceed the lesser of the replacement cost for covered losses or the following amounts, as applicable: Residential structures. In the case of residential properties for any single-family dwelling, $500,000. And for any structure containing more than one dwelling unit, $500,000 for each separate dwelling unit in the structure. And $150,000 per dwelling unit for any contents related to such unit. And any necessary increases in living expenses incurred by the insured when losses from flooding or windstorm make the residence unfit to live in. Nonresidential properties. In the case of nonresidential properties $1,000,000 for any single structure, and $750,000 for any contents related to such structure. In the case of any nonresidential property that is a business property, any losses resulting from any partial or total interruption of the insured's business caused by damage to, or loss of, such property from flooding or windstorm, except that for purposes of such coverage, losses shall be determined based on the profits the covered business would have earned, based on previous financial records, had the flood or windstorm not occurred.". <SECTION-HEADER> PROHIBITION AGAINST DUPLICATIVE COVERAGE. The National Flood Insurance Act of 1968 is amended by inserting after section 1313 the following new section. "prohibition against duplicative coverage "Section 1314. Flood insurance under this title may not be provided with respect to any structure for any period during which such structure is covered, at any time, by multiperil insurance coverage made available pursuant to section 1304(c).". <SECTION-HEADER> COMPLIANCE WITH STATE AND LOCAL LAW. Section 1316 of the National Flood Insurance Act of 1968 is amended by inserting "(a) Flood Protection Measures. " before "No new". And by adding at the end the following new subsection: Windstorm Protection Measures. No new multiperil coverage shall be provided under section 1304(c) for any property that the Director finds has been declared by a duly constituted State or local zoning authority, or other authorized public body to be in violation of State or local laws, regulations, or ordinances, which are intended to reduce damage caused by windstorms.". <SECTION-HEADER> CRITERIA FOR LAND MANAGEMENT AND USE. Section 1361 of the National Flood Insurance Act of 1968 is amended by adding at the end the following new subsection: Windstorms. Studies and investigations. The Director shall carry out studies and investigations under this section to determine appropriate measures in windstorm-prone areas as to land management and use, windstorm zoning, and windstorm damage prevention, and may enter into contracts, agreements, and other appropriate arrangements to carry out such activities. Such studies and investigations shall include laws, regulations, and ordinance relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas. Criteria. On the basis of the studies and investigations pursuant to paragraph (1) and such other information as may be appropriate, the Direct shall establish comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will assist in reducing damage caused by windstorms. Coordination with state and local governments. The Director shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of criteria established under paragraph (2) and the adoption and enforcement of measures referred to in such paragraph .". <SECTION-HEADER> DEFINITIONS. Section 1370 of the National Flood Insurance Act of 1968 is amended in paragraph (14), by striking "and" at the end. In paragraph (15) by striking the period at the end and inserting ", and". And by adding at the end the following new paragraph: the term `windstorm' means any hurricane, tornado, cyclone, typhoon, or other wind event.".

Multiple Peril Insurance Act of 2007 - Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of optional insurance against loss resulting from physical damage to or loss of real or related personal property located in the United States arising from any flood or windstorm . Restricts multiperil coverage to areas where an appropriate public body has adopted adequate land use and control measures, including effective enforcement provisions, which the Administrator of the Federal Emergency Management Agency (FEMA) finds are consistent with certain statutory criteria for land management and use relating to windstorms. Prohibits provision of multiperil coverage to any structure covered, at any time, by flood insurance under the Act. Prescribes the nature and terms of coverage, and actuarial rates. Prohibits new multiperil coverage for property declared by a duly constituted governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage.

To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes.

110_hr6204

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron contains more than 100 recorded historic vessel losses. (2) The areas immediately surrounding the Sanctuary, including the offshore waters of Presque Isle and Alcona counties, Michigan, contain an equal number of historic vessel losses. (3) Many of these shipwrecks and underwater cultural resources are popular recreational diving destinations, and all contribute to our collective maritime heritage. (4) These resources are susceptible to damage from human activities, and must be properly preserved for themselves and to protect the economic viability of their contribution to national and regional economies. (b) Purposes.--The purposes of this Act are-- (1) to expand the Thunder Bay National Marine Sanctuary and Underwater Preserve boundaries to encompass the offshore waters of Presque Isle and Alcona counties, Michigan and outward to the international border between the United States and Canada; and (2) to provide the underwater cultural resources of those areas equal protection to that currently afforded to the Sanctuary. SEC. 3. DEFINITIONS. In this Act: (1) Sanctuary.--The term ``Sanctuary'' means the Thunder Bay National Marine Sanctuary and Underwater Preserve. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. (a) Boundary Adjustment.--Notwithstanding any provision of law or regulation, including section 922.190 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Sanctuary shall consist of the geographic area described in subsection (b). (b) Expanded Sanctuary Boundary.--The area referred to in subsection (a) is all submerged lands, including the underwater cultural resources, lake ward of the mean high water line, within the boundaries of a line formed by connecting points in succession beginning at a point along the mean high water line located approximately at 45.628741N, 84.206983W (at Hammond Bay in Presque Isle County) then due east to the international boundary between the United States and Canada approximately located at 45.628741N, 83.163783W then following the international boundary between the United States and Canada in a generally southeasterly direction where it intersects latitude 44.511111N, then due west to a point along the mean high water line located approximately at 44.511111N, 83.318483W (in Alcona County just south of the town of Greenbush) returning to the first point along the mean high water line. (c) Authority To Make Minor Adjustments.--The Secretary may make minor adjustments to the boundary described in subsection (b) to facilitate enforcement and clarify the boundary to public provided the resulting boundary is consistent the purposes described in section 2(b). (d) Inclusion in the System.--The area described in subsection (b), as modified in accordance with subsection (c), shall be managed as part of the National Marine Sanctuary System established by section 301(c) of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that Act. (e) Updated NOAA Charts.--The Secretary shall-- (1) produce updated National Oceanic and Atmospheric Administration charts for the area in which the Sanctuary is located; and (2) include on such charts the boundaries of the Sanctuary described in subsection (b), as modified in accordance with subsection (c). SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. (a) Regulations.--The regulations applicable to the Sanctuary codified in subpart R of part 922 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, shall apply to the geographic area added to the Sanctuary pursuant to section 4, unless the Secretary specifies otherwise by regulation. (b) Existing Certifications.--The Secretary may certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity made pursuant to section 922.194 of title 15, Code of Federal Regulations, that exists on the date of the enactment of this Act shall apply to such an activity conducted within the geographic area added to the Sanctuary pursuant to section 4. (c) Date of Sanctuary Designation.--For purposes of section 922.194 of title 15, Code of Federal Regulations, the date of the enactment of this Act shall be deemed to be the date of Sanctuary designation. (d) Management Plan.--To the extent practicable, the Secretary shall apply the management plan in effect for the Sanctuary of the date of the enactment of this Act to the geographic area added to the Sanctuary pursuant to section 4.

Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron.

To expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve and for other purposes.

5,305

249

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress makes the following findings: Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron contains more than 100 recorded historic vessel losses. The areas immediately surrounding the Sanctuary, including the offshore waters of Presque Isle and Alcona counties, Michigan, contain an equal number of historic vessel losses. Many of these shipwrecks and underwater cultural resources are popular recreational diving destinations, and all contribute to our collective maritime heritage. These resources are susceptible to damage from human activities, and must be properly preserved for themselves and to protect the economic viability of their contribution to national and regional economies. Purposes. The purposes of this Act are to expand the Thunder Bay National Marine Sanctuary and Underwater Preserve boundaries to encompass the offshore waters of Presque Isle and Alcona counties, Michigan and outward to the international border between the United States and Canada. And to provide the underwater cultural resources of those areas equal protection to that currently afforded to the Sanctuary. <SECTION-HEADER> DEFINITIONS. In this Act: Sanctuary. The term "Sanctuary" means the Thunder Bay National Marine Sanctuary and Underwater Preserve. Secretary. The term "Secretary" means the Secretary of Commerce. <SECTION-HEADER> SANCTUARY BOUNDARY ADJUSTMENT. Boundary Adjustment. Notwithstanding any provision of law or regulation, including section 922.190 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Sanctuary shall consist of the geographic area described in subsection . Expanded Sanctuary Boundary. The area referred to in subsection (a) is all submerged lands, including the underwater cultural resources, lake ward of the mean high water line, within the boundaries of a line formed by connecting points in succession beginning at a point along the mean high water line located approximately at 45.628741N, 84.206983W then due east to the international boundary between the United States and Canada approximately located at 45.628741N, 83.163783W then following the international boundary between the United States and Canada in a generally southeasterly direction where it intersects latitude 44.511111N, then due west to a point along the mean high water line located approximately at 44.511111N, 83.318483W returning to the first point along the mean high water line. Authority To Make Minor Adjustments. The Secretary may make minor adjustments to the boundary described in subsection (b) to facilitate enforcement and clarify the boundary to public provided the resulting boundary is consistent the purposes described in section 2(b). Inclusion in the System. The area described in subsection (b), as modified in accordance with subsection (c), shall be managed as part of the National Marine Sanctuary System established by section 301(c) of the National Marine Sanctuaries Act (16 USC. 1431(c)), in accordance with that Act. Updated NOAA Charts. The Secretary shall produce updated National Oceanic and Atmospheric Administration charts for the area in which the Sanctuary is located. And include on such charts the boundaries of the Sanctuary described in subsection (b), as modified in accordance with subsection (c). <SECTION-HEADER> EXTENSION OF REGULATIONS AND MANAGEMENT. Regulations. The regulations applicable to the Sanctuary codified in subpart R of part 922 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, shall apply to the geographic area added to the Sanctuary pursuant to section 4, unless the Secretary specifies otherwise by regulation. Existing Certifications. The Secretary may certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity made pursuant to section 922.194 of title 15, Code of Federal Regulations, that exists on the date of the enactment of this Act shall apply to such an activity conducted within the geographic area added to the Sanctuary pursuant to section 4. Date of Sanctuary Designation. For purposes of section 922.194 of title 15, Code of Federal Regulations, the date of the enactment of this Act shall be deemed to be the date of Sanctuary designation. Management Plan. To the extent practicable, the Secretary shall apply the management plan in effect for the Sanctuary of the date of the enactment of this Act to the geographic area added to the Sanctuary pursuant to section 4.

Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron.

To expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve and for other purposes.

104_s158

That this Act may be referred to as the ``Outer Continental Shelf Deep Water Royalty Relief Act''. SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. Section 8(a) of the Outer Continental Shelf Lands Act, (43 U.S.C. 1337 (a)(3)), is amended by striking paragraph (3) in its entirety and inserting the following: ``(3)(A) The Secretary may, in order to-- ``(i) promote development or increased production on producing or non-producing leases; or ``(ii) encourage production of marginal resources on producing or non-producing leases; through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease(s). With the lessee's consent, the Secretary may make other modifications to the royalty or net profit share terms of the lease in order to achieve these purposes. ``(B)(i) Notwithstanding the provisions of this Act other than this subparagraph, with respect to any lease or unit in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, no royalty payments shall be due on new production, as defined in clause (iv) of this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, until such volume of production as determined pursuant to clause (ii) has been produced by the lessee. (ii) Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increase technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable; except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400-800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretary's determination or redetermination shall be judicially reviewable under section 10(a) of the Administrative Procedures Act (5 U.S.C. 702), only for actions filed within 30 days of the Secretary's determination or redetermination. ``(iii) In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application by the lessee within the time period, together with any extension thereof, provided for by clause (ii), no royalty payments shall be due on new production as follows: ``(I) For new production, as defined in clause (iv)(I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes specified in clause (ii) of this subparagraph. ``(II) For new production, as defined in clause (iv)(II) of this subparagraph, no royalty shall be due on such production for one year following the start of such production. ``(iv) For purposes of this subparagraph, the term `new production' is-- (I) any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act; or (II) any production resulting from lease development activities pursuant to a Development Operations Coordination Document, or supplement thereto that would expand production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. ``(v) During the production of volumes determined pursuant to clauses (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for light sweet crude oil exceeds $28 per barrel, any production of oil will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clause (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $28. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vi) During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clauses (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $3.50. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. ``(vii) The prices referred to in clauses (v) and (vi) of this subparagraph shall be changed during any calendar year after 1994 by the percentage, if any, by which the implicit price deflator for the gross domestic product changed during the preceding calendar year.''. SEC. 3. NEW LEASES. (a) Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1337 (a)(1)), is amended as follows: (1) Redesignate section 8(a)(1)(H) as section 8(a)(1)(I); (2) Add a new section 8(a)(1)(H) as follows: ``(H) cash bonus bid with royalty at no less than 12\1/2\ per centum fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension of royalties for a period, volume, or value of production determined by the Secretary. Such suspensions may vary based on the price of production from the lease.''. (b) For all tracts located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any lease sale within five years of the date of enactment of this Act, shall use the bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended by this Act, except that the suspension of royalties shall be set at a volume of not less than the following: (1) 17.5 million barrels of oil equivalent for leases in water depths of 200 to 400 meters; (2) 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water; and (3) 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters. SEC. 4. REGULATIONS. The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within 180 days after the enactment of this Act.

Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a five-year period for new leases in specified water depths in the Gulf.

Outer Continental Shelf Deep Water Royalty Relief Act

10,786

682

That this Act may be referred to as the "Outer Continental Shelf Deep Water Royalty Relief Act". <SECTION-HEADER> AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. Section 8(a) of the Outer Continental Shelf Lands Act, (43 USC. 1337 (a)(3)), is amended by striking paragraph (3) in its entirety and inserting the following: (A) The Secretary may, in order to promote development or increased production on producing or non-producing leases. Or encourage production of marginal resources on producing or non-producing leases. Through primary, secondary, or tertiary recovery means, reduce or eliminate any royalty or net profit share set forth in the lease(s). With the lessee's consent, the Secretary may make other modifications to the royalty or net profit share terms of the lease in order to achieve these purposes. (i) Notwithstanding the provisions of this Act other than this subparagraph, with respect to any lease or unit in existence on the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act meeting the requirements of this subparagraph, no royalty payments shall be due on new production, as defined in clause (iv) of this subparagraph, from any lease or unit located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico, including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, until such volume of production as determined pursuant to clause (ii) has been produced by the lessee. Upon submission of a complete application by the lessee, the Secretary shall determine within 180 days of such application whether new production from such lease or unit would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph. In making such determination, the Secretary shall consider the increase technological and financial risk of deep water development and all costs associated with exploring, developing, and producing from the lease. The lessee shall provide information required for a complete application to the Secretary prior to such determination. The Secretary shall clearly define the information required for a complete application under this section. Such application may be made on the basis of an individual lease or unit. If the Secretary determines that such new production would be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i) of this subparagraph, the provisions of clause (i) shall not apply to such production. If the Secretary determines that such new production would not be economic in the absence of the relief from the requirement to pay royalties provided for by clause (i), the Secretary must determine the volume of production from the lease or unit on which no royalties would be due in order to make such new production economically viable. Except that for new production as defined in clause (iv)(I), in no case will that volume be less than 17.5 million barrels of oil equivalent in water depths of 200 to 400 meters, 52.5 million barrels of oil equivalent in 400-800 meters of water, and 87.5 million barrels of oil equivalent in water depths greater than 800 meters. Redetermination of the applicability of clause (i) shall be undertaken by the Secretary when requested by the lessee prior to the commencement of the new production and upon significant change in the factors upon which the original determination was made. The Secretary shall make such redetermination within 120 days of submission of a complete application. The Secretary may extend the time period for making any determination or redetermination under this clause for 30 days, or longer if agreed to by the applicant, if circumstances so warrant. The lessee shall be notified in writing of any determination or redetermination and the reasons for and assumptions used for such determination. Any determination or redetermination under this clause shall be a final agency action. The Secretary's determination or redetermination shall be judicially reviewable under section 10(a) of the Administrative Procedures Act , only for actions filed within 30 days of the Secretary's determination or redetermination. In the event that the Secretary fails to make the determination or redetermination called for in clause (ii) upon application by the lessee within the time period, together with any extension thereof, provided for by clause (ii), no royalty payments shall be due on new production as follows: For new production, as defined in clause (I) of this subparagraph, no royalty shall be due on such production according to the schedule of minimum volumes specified in clause (ii) of this subparagraph. For new production, as defined in clause (II) of this subparagraph, no royalty shall be due on such production for one year following the start of such production. For purposes of this subparagraph, the term `new production' is any production from a lease from which no royalties are due on production, other than test production, prior to the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. Or any production resulting from lease development activities pursuant to a Development Operations Coordination Document, or supplement thereto that would expand production significantly beyond the level anticipated in the Development Operations Coordination Document, approved by the Secretary after the date of enactment of the Outer Continental Shelf Deep Water Royalty Relief Act. During the production of volumes determined pursuant to clauses (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for light sweet crude oil exceeds $28 per barrel, any production of oil will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clause (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $28. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. During the production of volumes determined pursuant to clause (ii) or (iii) of this subparagraph, in any year during which the arithmetic average of the closing prices on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas will be subject to royalties at the lease stipulated royalty rate. Any production subject to this clause shall be counted toward the production volume determined pursuant to clauses (ii) or (iii). Estimated royalty payments will be made if such average of the closing prices for the previous year exceeds $3.50. After the end of the calendar year, when the new average price can be calculated, lessees will pay any royalties due, with interest but without penalty, or can apply for a refund, with interest, of any overpayment. The prices referred to in clauses (v) and (vi) of this subparagraph shall be changed during any calendar year after 1994 by the percentage, if any, by which the implicit price deflator for the gross domestic product changed during the preceding calendar year.". <SECTION-HEADER> NEW LEASES. Section 8(a)(1) of the Outer Continental Shelf Lands Act, as amended (43 USC. 1337 (a)(1)), is amended as follows: Redesignate section 8(a)(1)(H) as section 8(a)(1)(I). Add a new section 8(a)(1)(H) as follows: cash bonus bid with royalty at no less than 1212 per centum fixed by the Secretary in amount or value of production saved, removed, or sold, and with suspension of royalties for a period, volume, or value of production determined by the Secretary. Such suspensions may vary based on the price of production from the lease.". For all tracts located in water depths of 200 meters or greater in the Western and Central Planning Areas of the Gulf of Mexico including that portion of the Eastern Planning Area of the Gulf of Mexico encompassing whole lease blocks lying west of 87 degrees, 30 minutes West longitude, any lease sale within five years of the date of enactment of this Act, shall use the bidding system authorized in section 8(a)(1)(H) of the Outer Continental Shelf Lands Act, as amended by this Act, except that the suspension of royalties shall be set at a volume of not less than the following: 17.5 million barrels of oil equivalent for leases in water depths of 200 to 400 meters. 52.5 million barrels of oil equivalent for leases in 400 to 800 meters of water. And 87.5 million barrels of oil equivalent for leases in water depths greater than 800 meters. <SECTION-HEADER> REGULATIONS. The Secretary shall promulgate such rules and regulations as are necessary to implement the provisions of this Act within 180 days after the enactment of this Act.

Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. Declares that no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. Suspends royalties for a five-year period for new leases in specified water depths in the Gulf.

Outer Continental Shelf Deep Water Royalty Relief Act

106_hr4018

SECTION 1. IMPROVED RISK MANAGEMENT EDUCATION. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the end the following new section: ``SEC. 409. IMPROVED RISK MANAGEMENT EDUCATION FOR AGRICULTURAL PRODUCERS. ``(a) Program Required.--The Secretary of Agriculture shall carry out a program to improve the risk management skills of agricultural producers, including the owners and operators of small farms, limited resource producers, and other targeted audiences, to make informed risk management decisions. The program is designed to assist producers to develop the skills necessary-- ``(1) to understand the financial health and capability of the producer's operation to withstand price fluctuations, adverse weather, environmental impacts, diseases, family crises, and other risks; ``(2) to understand marketing alternatives, how various commodity markets work, the use of crop insurance products, and the price risk inherent in various markets; and ``(3) to understand legal, governmental, environmental, and human resource issues that impact the producer's operation. ``(b) Coordinating Centers.-- ``(1) Establishment and purpose.--The Secretary shall establish a Risk Management Education Coordinating Center in each of five regions of the United States to administer and coordinate the provision of risk management education to producers and their families under the program in that region. ``(2) Site selection.--The Secretary shall locate the Center for a region at an existing risk management education coordinating office of the Cooperative State Research, Education, and Extension Service or at an appropriate alternative land-grant college in the region approved by the Cooperative State Research, Education, and Extension Service. To be selected as the location for a Center, a land-grant college must have the demonstrated capability and capacity to carry out the program priorities, funding distribution, and reporting requirements of the program. ``(c) Coordinating Council.--Each Center shall establish a coordinating council to assist in establishing the funding and program priorities for that region. The council shall consist of a minimum of five members, including representatives from the following sources: ``(1) Public organizations. ``(2) Private organizations. ``(3) Agricultural producers. ``(4) The Regional Service Offices of the Risk Management Agency in that region. ``(d) Center Activities.-- ``(1) Instruction for risk management professionals.--Each Center shall coordinate the offering of intensive risk management instructional programs, involving classroom, distant learning, and field training work, for professionals who work with agricultural producers. These professionals include-- ``(A) extension specialists; ``(B) county extension faculty; ``(C) private service providers; and ``(D) other individuals who are involved in providing risk management education. ``(2) Education programs for producers.--Each Center shall coordinate the provision of educational programs, including workshops, short courses, seminars, and distant-learning modules, to improve the risk management skills of agricultural producers and their families. ``(3) Development and dissemination of materials.--Each Center shall coordinate the efforts to develop new risk management education materials and the dissemination of such materials. ``(4) Coordination of resources.--Each Center shall make use of available and emerging risk management information, materials, and delivery systems, after careful evaluation of the content and suitability of the information, materials, and delivery systems for producers and their families. The Centers shall use available expertise from land-grant colleges, nongovernmental organizations, government agencies, and the private sector to assist in conducting this evaluation. ``(e) Grants.-- ``(1) Special grants.--Each Center shall reserve a portion of the funds provided under this section to make special grants to land-grant colleges and private entities in the region to conduct one or more of the activities described in subsection (d). ``(2) Competitive grants.--Each Center shall also reserve a portion of the funds provided under this section to conduct a competitive grant program to award grants to both public and private entities that have a demonstrated capability to conduct one or more of the activities described in subsection (d). ``(f) National Agriculture Risk Education Library.--The National Agriculture Risk Education Library is a central focus for the coordination and distribution of risk management educational materials. The Library shall serve as a means for the electronic delivery of risk management information and materials. ``(g) Funding Provisions.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated $30,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out this section. ``(2) Distribution.--Funds appropriated to carry out this section for a fiscal year shall be equally distributed among the Centers, except that 2.5 percent of such funds shall be distributed to the National Agriculture Risk Education Library. The land-grant college at which a Center is located shall be responsible for administering and disbursing such funds, in accordance with applicable State and Federal financial guidelines, for activities authorized by this section. ``(3) Prohibition on construction.--Centers shall be located in existing facilities. Funds provided under this section to a Center or as a grant under subsection (e) may not be used to carry out facility construction. ``(h) Evaluation.--The Secretary, acting through the Cooperative State Research, Education, and Extension Service, shall evaluate the activities of the Centers to determine whether the risk management skills of agricultural producers and their families are improved as a result of their participation in educational activities financed using funds appropriated pursuant to the authorization of appropriations in subsection (g). ``(i) Land-Grant College Defined.--In this section, the term `land- grant college' means any 1862 Institution, 1890 Institution, or 1994 Institution.''.

Directs the Secretary to establish a Risk Management Education Coordinating Center in each of five designated regions, to be located at an existing risk management education coordinating office or a land-grant college. Directs each Center to: (1) establish a coordinating council, (2) coordinate instructional programs, information dissemination, and resources. And (3) reserve funds for special and competitive grants to land-grant colleges and private entities to conduct such activities States that the National Agriculture Risk Education Library shall serve as a means for the electronic delivery of risk management information and materials. Authorizes appropriations. Directs the Secretary, through the Cooperative State Research, Education, and Extension Service, to evaluate activities of the Centers.

To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish an educational program to improve the risk management skills of agricultural producers.

7,177

809

<SECTION-HEADER> IMPROVED RISK MANAGEMENT EDUCATION. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by adding at the end the following new section: "Section 409. IMPROVED RISK MANAGEMENT EDUCATION FOR AGRICULTURAL PRODUCERS. Program Required. The Secretary of Agriculture shall carry out a program to improve the risk management skills of agricultural producers, including the owners and operators of small farms, limited resource producers, and other targeted audiences, to make informed risk management decisions. The program is designed to assist producers to develop the skills necessary to understand the financial health and capability of the producer's operation to withstand price fluctuations, adverse weather, environmental impacts, diseases, family crises, and other risks. To understand marketing alternatives, how various commodity markets work, the use of crop insurance products, and the price risk inherent in various markets. And to understand legal, governmental, environmental, and human resource issues that impact the producer's operation. Coordinating Centers. Establishment and purpose. The Secretary shall establish a Risk Management Education Coordinating Center in each of five regions of the United States to administer and coordinate the provision of risk management education to producers and their families under the program in that region. Site selection. The Secretary shall locate the Center for a region at an existing risk management education coordinating office of the Cooperative State Research, Education, and Extension Service or at an appropriate alternative land-grant college in the region approved by the Cooperative State Research, Education, and Extension Service. To be selected as the location for a Center, a land-grant college must have the demonstrated capability and capacity to carry out the program priorities, funding distribution, and reporting requirements of the program. Coordinating Council. Each Center shall establish a coordinating council to assist in establishing the funding and program priorities for that region. The council shall consist of a minimum of five members, including representatives from the following sources: Public organizations. Private organizations. Agricultural producers. The Regional Service Offices of the Risk Management Agency in that region. Center Activities. Instruction for risk management professionals. Each Center shall coordinate the offering of intensive risk management instructional programs, involving classroom, distant learning, and field training work, for professionals who work with agricultural producers. These professionals include extension specialists, county extension faculty, private service providers. And other individuals who are involved in providing risk management education. Education programs for producers. Each Center shall coordinate the provision of educational programs, including workshops, short courses, seminars, and distant-learning modules, to improve the risk management skills of agricultural producers and their families. Development and dissemination of materials. Each Center shall coordinate the efforts to develop new risk management education materials and the dissemination of such materials. Coordination of resources. Each Center shall make use of available and emerging risk management information, materials, and delivery systems, after careful evaluation of the content and suitability of the information, materials, and delivery systems for producers and their families. The Centers shall use available expertise from land-grant colleges, nongovernmental organizations, government agencies, and the private sector to assist in conducting this evaluation. Grants. Special grants. Each Center shall reserve a portion of the funds provided under this section to make special grants to land-grant colleges and private entities in the region to conduct one or more of the activities described in subsection . Competitive grants. Each Center shall also reserve a portion of the funds provided under this section to conduct a competitive grant program to award grants to both public and private entities that have a demonstrated capability to conduct one or more of the activities described in subsection (d). National Agriculture Risk Education Library. The National Agriculture Risk Education Library is a central focus for the coordination and distribution of risk management educational materials. The Library shall serve as a means for the electronic delivery of risk management information and materials. Funding Provisions. Authorization of appropriations. There is authorized to be appropriated $30,000,000 for fiscal year 2001 and each subsequent fiscal year to carry out this section. Distribution. Funds appropriated to carry out this section for a fiscal year shall be equally distributed among the Centers, except that 2.5 percent of such funds shall be distributed to the National Agriculture Risk Education Library. The land-grant college at which a Center is located shall be responsible for administering and disbursing such funds, in accordance with applicable State and Federal financial guidelines, for activities authorized by this section. Prohibition on construction. Centers shall be located in existing facilities. Funds provided under this section to a Center or as a grant under subsection (e) may not be used to carry out facility construction. Evaluation. The Secretary, acting through the Cooperative State Research, Education, and Extension Service, shall evaluate the activities of the Centers to determine whether the risk management skills of agricultural producers and their families are improved as a result of their participation in educational activities financed using funds appropriated pursuant to the authorization of appropriations in subsection (g). Land-Grant College Defined. In this section, the term `land- grant college' means any 1862 Institution, 1890 Institution, or 1994 Institution.".

Directs the Secretary to establish a Risk Management Education Coordinating Center in each of five designated regions, to be located at an existing risk management education coordinating office or a land-grant college. Directs each Center to: (1) establish a coordinating council, (2) coordinate instructional programs, information dissemination, and resources. And (3) reserve funds for special and competitive grants to land-grant colleges and private entities to conduct such activities States that the National Agriculture Risk Education Library shall serve as a means for the electronic delivery of risk management information and materials. Authorizes appropriations. Directs the Secretary, through the Cooperative State Research, Education, and Extension Service, to evaluate activities of the Centers.

To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish an educational program to improve the risk management skills of agricultural producers.

109_hr1949

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES. (a) Reliquidation of Entries.--Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act-- (1) reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest; and (2) refund any antidumping duties and interest which were previously paid on such entries. (b) Affected Entries.--The entries referred to in subsection (a) are the following: Entry number Date of entry Port 110-3447557-3 03/18/00 Los Angeles 110-3447591-2 03/19/00 Los Angeles 110-3447595-3 03/19/00 Los Angeles 110-1201638-1 03/21/00 Detroit 110-1201639-9 03/21/00 Detroit 110-1201640-7 03/21/00 Detroit 110-3447613-4 03/21/00 Los Angeles 110-1201697-7 03/23/00 Detroit 110-1201695-1 03/23/00 Detroit 110-1201696-9 03/23/00 Detroit 110-1201756-1 03/27/00 Detroit 110-1201757-9 03/27/00 Detroit 110-1201758-7 03/27/00 Detroit 110-1740905-2 03/30/00 Los Angeles 110-1740943-3 03/30/00 Los Angeles 110-1201845-2 03/31/00 Detroit 110-1201813-0 04/03/00 Detroit 110-1201814-8 04/03/00 Detroit 110-1201815-5 04/03/00 Detroit 110-1201875-9 04/04/00 Detroit 110-1201868-4 04/04/00 Detroit 110-1201858-5 04/04/00 Detroit 110-3447959-1 04/11/00 Los Angeles 110-3447958-3 04/11/00 Los Angeles 110-3759536-9 04/12/00 Detroit 110-3759561-7 04/12/00 Detroit 110-3759542-7 04/12/00 Detroit 110-3759540-1 04/12/00 Detroit 110-3447977-3 04/12/00 Los Angeles 110-3759539-3 04/12/00 Detroit 110-3448045-8 04/14/00 Los Angeles 110-3448046-6 04/14/00 Los Angeles 110-3448110-0 04/20/00 Los Angeles 110-3759670-6 04/25/00 Detroit 110-3759673-0 04/25/00 Detroit 110-3759669-8 04/25/00 Detroit 110-3759667-2 04/25/00 Detroit 110-3759671-4 04/25/00 Detroit 110-3759668-0 04/25/00 Detroit 110-3448241-3 04/27/00 Los Angeles 110-3448247-0 04/27/00 Los Angeles 110-3448276-9 04/28/00 Memphis 110-3448274-4 04/28/00 Memphis 110-3448282-7 05/04/00 Memphis 101-4081779-1 05/07/00 Memphis 101-4088945-1 05/23/00 Memphis 101-4089954-3 05/23/00 Memphis 101-4088960-0 05/23/00 Memphis 101-4092192-4 05/25/00 Memphis 101-4089312-3 05/26/00 Detroit 101-4089942-7 05/26/00 Detroit 101-4089893-2 05/26/00 Detroit 101-4092221-1 05/26/00 Memphis 101-4089697-7 05/26/00 Los Angeles 101-4092215-3 05/26/00 Memphis 101-4086053-6 05/26/00 Los Angeles 101-4122700-8 07/27/00 Los Angeles 101-4122707-3 07/27/00 Los Angeles 101-4122712-3 07/27/00 Los Angeles 101-4127147-7 08/03/00 Los Angeles 101-4132485-4 08/09/00 Norfolk 101-4129989-0 08/11/00 Detroit 101-4130345-2 08/17/00 Detroit 101-4129976-7 08/23/00 Detroit 101-4149476-4 09/06/00 Los Angeles 101-4149483-0 09/06/00 Los Angeles 101-4149493-9 09/06/00 Los Angeles 101-4148595-2 09/08/00 Detroit 101-4153301-7 09/18/00 Detroit 101-4154523-5 09/14/00 Los Angeles 101-4153389-2 09/18/00 Detroit 101-4157161-1 09/20/00 Norfolk 101-4153333-0 09/21/00 Detroit 101-4155542-4 09/26/00 Detroit 101-4166291-5 10/07/00 Los Angeles 101-4167325-0 10/09/00 Detroit 101-4167363-1 10/12/00 Detroit 101-4164567-0 10/13/00 Norfolk 101-4168049-5 10/14/00 Los Angeles 101-4172904-5 10/21/00 Los Angeles 101-4175579-2 10/30/00 Los Angeles 101-4183996-8 11/07/00 Detroit 101-4183234-4 11/09/00 Detroit 101-4183251-8 11/09/00 Detroit 101-4183253-4 11/09/00 Detroit 101-4183257-5 11/09/00 Detroit 101-4183264-1 11/09/00 Detroit 101-4183264-1 11/09/00 Detroit 101-4184811-8 11/13/00 Los Angeles 101-4184819-1 11/13/00 Los Angeles 101-4189001-1 11/14/00 Tampa 101-4185526-1 11/16/00 Detroit 101-4185535-2 11/16/00 Detroit 101-4186580-7 11/20/00 Detroit 101-4189830-3 11/20/00 Detroit 101-4189774-3 11/21/00 Detroit 101-4191183-3 11/24/00 Los Angeles 101-4191188-2 11/24/00 Los Angeles 101-4191193-2 11/24/00 Los Angeles 101-4194796-9 11/29/00 Detroit 101-4194801-7 11/29/00 Detroit 101-4196383-4 12/01/00 Los Angeles 101-4196389-1 12/01/00 Los Angeles 101-4199308-8 12/13/00 Detroit

Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of candles without assessment of antidumping duties and interest, and (2) refund any amounts owed.

To provide for the reliquidation of certain entries.

12,429

186

<SECTION-HEADER> RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES. Reliquidation of Entries. Notwithstanding sections 514 and 520 of the Tariff Act of 1930 or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act reliquidate the entries listed in subsection (b) without assessment of antidumping duties or interest. And refund any antidumping duties and interest which were previously paid on such entries. Affected Entries. The entries referred to in subsection (a) are the following: Entry number Date of entry Port 110-3447557-3 031800 Los Angeles 110-3447591-2 031900 Los Angeles 110-3447595-3 031900 Los Angeles 110-1201638-1 032100 Detroit 110-1201639-9 032100 Detroit 110-1201640-7 032100 Detroit 110-3447613-4 032100 Los Angeles 110-1201697-7 032300 Detroit 110-1201695-1 032300 Detroit 110-1201696-9 032300 Detroit 110-1201756-1 032700 Detroit 110-1201757-9 032700 Detroit 110-1201758-7 032700 Detroit 110-1740905-2 033000 Los Angeles 110-1740943-3 033000 Los Angeles 110-1201845-2 033100 Detroit 110-1201813-0 040300 Detroit 110-1201814-8 040300 Detroit 110-1201815-5 040300 Detroit 110-1201875-9 040400 Detroit 110-1201868-4 040400 Detroit 110-1201858-5 040400 Detroit 110-3447959-1 041100 Los Angeles 110-3447958-3 041100 Los Angeles 110-3759536-9 041200 Detroit 110-3759561-7 041200 Detroit 110-3759542-7 041200 Detroit 110-3759540-1 041200 Detroit 110-3447977-3 041200 Los Angeles 110-3759539-3 041200 Detroit 110-3448045-8 041400 Los Angeles 110-3448046-6 041400 Los Angeles 110-3448110-0 042000 Los Angeles 110-3759670-6 042500 Detroit 110-3759673-0 042500 Detroit 110-3759669-8 042500 Detroit 110-3759667-2 042500 Detroit 110-3759671-4 042500 Detroit 110-3759668-0 042500 Detroit 110-3448241-3 042700 Los Angeles 110-3448247-0 042700 Los Angeles 110-3448276-9 042800 Memphis 110-3448274-4 042800 Memphis 110-3448282-7 050400 Memphis 101-4081779-1 050700 Memphis 101-4088945-1 052300 Memphis 101-4089954-3 052300 Memphis 101-4088960-0 052300 Memphis 101-4092192-4 052500 Memphis 101-4089312-3 052600 Detroit 101-4089942-7 052600 Detroit 101-4089893-2 052600 Detroit 101-4092221-1 052600 Memphis 101-4089697-7 052600 Los Angeles 101-4092215-3 052600 Memphis 101-4086053-6 052600 Los Angeles 101-4122700-8 072700 Los Angeles 101-4122707-3 072700 Los Angeles 101-4122712-3 072700 Los Angeles 101-4127147-7 080300 Los Angeles 101-4132485-4 080900 Norfolk 101-4129989-0 081100 Detroit 101-4130345-2 081700 Detroit 101-4129976-7 082300 Detroit 101-4149476-4 090600 Los Angeles 101-4149483-0 090600 Los Angeles 101-4149493-9 090600 Los Angeles 101-4148595-2 090800 Detroit 101-4153301-7 091800 Detroit 101-4154523-5 091400 Los Angeles 101-4153389-2 091800 Detroit 101-4157161-1 092000 Norfolk 101-4153333-0 092100 Detroit 101-4155542-4 092600 Detroit 101-4166291-5 100700 Los Angeles 101-4167325-0 100900 Detroit 101-4167363-1 101200 Detroit 101-4164567-0 101300 Norfolk 101-4168049-5 101400 Los Angeles 101-4172904-5 102100 Los Angeles 101-4175579-2 103000 Los Angeles 101-4183996-8 110700 Detroit 101-4183234-4 110900 Detroit 101-4183251-8 110900 Detroit 101-4183253-4 110900 Detroit 101-4183257-5 110900 Detroit 101-4183264-1 110900 Detroit 101-4183264-1 110900 Detroit 101-4184811-8 111300 Los Angeles 101-4184819-1 111300 Los Angeles 101-4189001-1 111400 Tampa 101-4185526-1 111600 Detroit 101-4185535-2 111600 Detroit 101-4186580-7 112000 Detroit 101-4189830-3 112000 Detroit 101-4189774-3 112100 Detroit 101-4191183-3 112400 Los Angeles 101-4191188-2 112400 Los Angeles 101-4191193-2 112400 Los Angeles 101-4194796-9 112900 Detroit 101-4194801-7 112900 Detroit 101-4196383-4 120100 Los Angeles 101-4196389-1 120100 Los Angeles 101-4199308-8 121300 Detroit

Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of candles without assessment of antidumping duties and interest, and (2) refund any amounts owed.

To provide for the reliquidation of certain entries.

113_hr1038

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Power Risk Management Act of 2013''. SEC. 2. TRANSACTIONS WITH UTILITY SPECIAL ENTITIES. Section 1a(49) of the Commodity Exchange Act (7 U.S.C. 1a(49)) is amended by adding at the end the following: ``(E) Certain transactions with a utility special entity.-- ``(i) Transactions in utility operations- related swaps shall be reported pursuant to section 4r. ``(ii) In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C).''. SEC. 3. UTILITY SPECIAL ENTITY DEFINED. Section 4s(h)(2) of the Commodity Exchange Act (7 U.S.C. 6s(h)(2)) is amended by adding at the end the following: ``(D) Utility special entity.--For purposes of this Act, the term `utility special entity' means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that-- ``(i) owns or operates an electric or natural gas facility or an electric or natural gas operation; ``(ii) supplies natural gas and or electric energy to another utility special entity; ``(iii) has public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers; or ``(iv) is a Federal power marketing agency, as defined in section 3 of the Federal Power Act.''. SEC. 4. UTILITY OPERATIONS-RELATED SWAP. (a) Swap Further Defined.--Section 1a(47)(A)(iii) of the Commodity Exchange Act (7 U.S.C. 1a(47)(A)(iii)) is amended-- (1) by striking ``and'' at the end of subclause (XXI); (2) by adding ``and'' at the end of subclause (XXII); and (3) by adding at the end the following: ``(XXIII) a utility operations- related swap;''. (b) Utility Operations-Related Swap Defined.--Section 1a of such Act (7 U.S.C. 1a) is amended by adding at the end the following: ``(52) Utility operations-related swap.--The term `utility operations-related swap' means a swap that-- ``(A) is entered into to hedge or mitigate a commercial risk; ``(B) is not a contract, agreement, or transaction based on, derived on, or referencing-- ``(i) an interest rate, credit, equity, or currency asset class; or ``(ii) a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation; and ``(C) is associated with-- ``(i) the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers; ``(ii) all fuel supply for the facilities or operations of a utility; ``(iii) compliance with an electric system reliability obligation; ``(iv) compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility; or ``(v) any other electric energy or natural gas swap to which a utility is a party.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act take effect as if enacted on July 21, 2010. Passed the House of Representatives June 12, 2013. Attest: KAREN L. HAAS, Clerk.

Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines quot, utility special entityquot. As a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation. (2) supplies natural gas or electric energy to another utility special entity. (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers. Or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines quot, utility operations-related swapquot. As one that: (1) is entered into to hedge or mitigate commercial risk. (2) is associated with specified transactions in electric energy or natural gas. And (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class. Or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation.

Public Power Risk Management Act of 2013

5,029

1,613

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Public Power Risk Management Act of 2013". <SECTION-HEADER> TRANSACTIONS WITH UTILITY SPECIAL ENTITIES. Section 1a(49) of the Commodity Exchange Act (7 USC. 1a(49)) is amended by adding at the end the following: Certain transactions with a utility special entity. Transactions in utility operations- related swaps shall be reported pursuant to section 4r. In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C).". <SECTION-HEADER> UTILITY SPECIAL ENTITY DEFINED. Section 4s(h)(2) of the Commodity Exchange Act (7 USC. 6s(h)(2)) is amended by adding at the end the following: Utility special entity. For purposes of this Act, the term `utility special entity' means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that owns or operates an electric or natural gas facility or an electric or natural gas operation. Supplies natural gas and or electric energy to another utility special entity. Has public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers. Or is a Federal power marketing agency, as defined in section 3 of the Federal Power Act.". <SECTION-HEADER> UTILITY OPERATIONS-RELATED SWAP. Swap Further Defined. Section 1a(47)(A)(iii) of the Commodity Exchange Act (7 USC. 1a(47)(A)(iii)) is amended by striking "and" at the end of subclause (XXI), by adding "and" at the end of subclause (XXII). And by adding at the end the following: a utility operations- related swap. ". Utility Operations-Related Swap Defined. Section 1a of such Act is amended by adding at the end the following: Utility operations-related swap. The term `utility operations-related swap' means a swap that is entered into to hedge or mitigate a commercial risk. Is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class. Or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation. And is associated with the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers. All fuel supply for the facilities or operations of a utility, compliance with an electric system reliability obligation. Compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility. Or any other electric energy or natural gas swap to which a utility is a party.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act take effect as if enacted on July 21, 2010. Passed the House of Representatives June 12, 2013. Attest: KAREN L. HAAS, Clerk.

Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines quot, utility special entityquot. As a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation. (2) supplies natural gas or electric energy to another utility special entity. (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers. Or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines quot, utility operations-related swapquot. As one that: (1) is entered into to hedge or mitigate commercial risk. (2) is associated with specified transactions in electric energy or natural gas. And (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class. Or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation.

Public Power Risk Management Act of 2013

106_s1096

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mississippi Valley National Historical Park Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Mississippi Valley National Historical Park, Blytheville, Arkansas. Sec. 4. Transfer of jurisdiction, Eaker Air Force Base, for historical park. Sec. 5. Acquisition of Chickasawba Mound for inclusion in historical park. Sec. 6. Administration of historical park. SEC. 2. FINDINGS. Congress finds the following: (1) The central and lower Mississippi Valley region contained the highest population levels and the most complex Native American societies north of Mexico before the arrival of European peoples in the 16th century. (2) In addition, the Mississippi Valley has also hosted Spanish, French, English, and ultimately American societies at different times in the last 450 years. (3) Blytheville, Arkansas, is centrally located in the Mississippi Valley region. (4) Former Eaker Air Force Base, which is located outside of Blytheville, Arkansas, in the central Mississippi Valley region, is the site of 14 archaeological sites associated with Native Americans. (5) Because of its value in illustrating and interpreting the heritage of the United States, the largest of these archaeological sites, was recognized by the National Park Service as a National Historic Landmark in 1996. (6) Another archaeological site outside of Blytheville, Arkansas, the Chickasawba Mound, was placed on the National Register of Historic Places in 1984 because of its historic and archaeological resources. (7) These previous actions by the Department of the Interior recognize that these archaeological sites are likely to benefit, educate, and inspire present and future generations of Americans, but no unified heritage park for the central Mississippi Valley region exists within the National Park Service. (8) Blytheville, Arkansas, also possesses many other regionally and nationally significant natural, seismic, cultural, and recreational resources associated with the heritage of the central Mississippi Valley region. (9) The sites and resources associated with the heritage of the central Mississippi Valley region require recognition through the establishment of a national historical park for the central Mississippi Valley region as a unit of the National Park System. (10) As a result of the closing of Eaker Air Force Base in Blytheville, Arkansas, pursuant to the Defense Base Closure and Realignment Act of 1990, Federal land and facilities are readily available for the establishment of a national historical park for the central Mississippi Valley region to protect the archaeological sites located on the former military installation, as well as to preserve, maintain, and interpret the natural, seismic, cultural, and recreational heritage of the central Mississippi Valley region for the benefit, education, and inspiration of present and future generations of Americans. SEC. 3. MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK, BLYTHEVILLE, ARKANSAS. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain properties in Blytheville, Arkansas, and its vicinity associated with the archaeological, natural, seismic, cultural, and recreational heritage of the Mississippi Valley region, there is established as a unit of the National Park System the Mississippi Valley National Historical Park in the State of Arkansas. (b) Boundaries.--The historical park shall consist of approximately 570 acres, including the real property transferred to the National Park Service at former Eaker Air Force Base under section 4 and the parcel of real property containing the archaeological site known as the Chickasawba Mound and authorized for acquisition under section 5. The boundaries of the historical park shall also include all property authorized to be acquired for inclusion in the park by any law enacted after the date of the enactment of this Act. SEC. 4. TRANSFER OF JURISDICTION, EAKER AIR FORCE BASE, FOR HISTORICAL PARK. (a) Transfer of Archaeological Sites.--The Secretary of Defense shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior the parcels of real property (including improvements thereon) located at former Eaker Air Force Base, Blytheville, Arkansas, consisting of the archaeological sites depicted on the map entitled ``Arkansas Aeroplex Archaeological Sites''. (b) Visitor and Administrative Sites.-- (1) Transfer required.--To preserve the historical character and landscape of the main features of the historical park, the Secretary of Defense also shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior an additional parcel of real property at former Eaker Air Force Base for the development of visitor, administrative, museum, curatorial, and maintenance facilities for the historical park. (2) Acreage limitation.--The parcel transferred under this subsection may not exceed 15 acres. (3) Selection.--The parcel to be transferred under this subsection shall be jointly selected by the Secretary of Defense and the Secretary of the Interior. (c) Use of Land.--The Secretary of the Interior shall use the real property transferred under this section as part of the historical park. (d) Legal Description.--The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary of Defense. The cost of the survey shall be borne by the Secretary of the Interior. SEC. 5. ACQUISITION OF CHICKASAWBA MOUND FOR INCLUSION IN HISTORICAL PARK. The Secretary of the Interior may acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. SEC. 6. ADMINISTRATION OF HISTORICAL PARK. (a) Applicable Laws.--The Secretary of the Interior shall administer the historical park in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) Authorized.--The Secretary of the Interior may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. (2) Conditions.--Any payment made by the Secretary pursuant to such a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project assisted under the cooperative agreement for purposes contrary to the purposes of the historical park, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such finds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Acquisition of Real Property.--Subject to sections 4 and 5, the Secretary of the Interior may acquire, within the boundaries of the historical park, real property with appropriated or donated funds, by donation, or by exchange for inclusion in the historical park.

Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities. Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. And (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.

Mississippi Valley National Historical Park Act of 1999

8,598

749

<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Mississippi Valley National Historical Park Act of 1999". Table of Contents. The table of contents of this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Findings. <SECTION-HEADER> Mississippi Valley National Historical Park, Blytheville, Arkansas. <SECTION-HEADER> Transfer of jurisdiction, Eaker Air Force Base, for historical park. <SECTION-HEADER> Acquisition of Chickasawba Mound for inclusion in historical park. <SECTION-HEADER> Administration of historical park. <SECTION-HEADER> FINDINGS. Congress finds the following: The central and lower Mississippi Valley region contained the highest population levels and the most complex Native American societies north of Mexico before the arrival of European peoples in the 16th century. In addition, the Mississippi Valley has also hosted Spanish, French, English, and ultimately American societies at different times in the last 450 years. Blytheville, Arkansas, is centrally located in the Mississippi Valley region. Former Eaker Air Force Base, which is located outside of Blytheville, Arkansas, in the central Mississippi Valley region, is the site of 14 archaeological sites associated with Native Americans. Because of its value in illustrating and interpreting the heritage of the United States, the largest of these archaeological sites, was recognized by the National Park Service as a National Historic Landmark in 1996. Another archaeological site outside of Blytheville, Arkansas, the Chickasawba Mound, was placed on the National Register of Historic Places in 1984 because of its historic and archaeological resources. These previous actions by the Department of the Interior recognize that these archaeological sites are likely to benefit, educate, and inspire present and future generations of Americans, but no unified heritage park for the central Mississippi Valley region exists within the National Park Service. Blytheville, Arkansas, also possesses many other regionally and nationally significant natural, seismic, cultural, and recreational resources associated with the heritage of the central Mississippi Valley region. The sites and resources associated with the heritage of the central Mississippi Valley region require recognition through the establishment of a national historical park for the central Mississippi Valley region as a unit of the National Park System. As a result of the closing of Eaker Air Force Base in Blytheville, Arkansas, pursuant to the Defense Base Closure and Realignment Act of 1990, Federal land and facilities are readily available for the establishment of a national historical park for the central Mississippi Valley region to protect the archaeological sites located on the former military installation, as well as to preserve, maintain, and interpret the natural, seismic, cultural, and recreational heritage of the central Mississippi Valley region for the benefit, education, and inspiration of present and future generations of Americans. <SECTION-HEADER> MISSISSIPPI VALLEY NATIONAL HISTORICAL PARK, BLYTHEVILLE, ARKANSAS. Establishment. In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain properties in Blytheville, Arkansas, and its vicinity associated with the archaeological, natural, seismic, cultural, and recreational heritage of the Mississippi Valley region, there is established as a unit of the National Park System the Mississippi Valley National Historical Park in the State of Arkansas. Boundaries. The historical park shall consist of approximately 570 acres, including the real property transferred to the National Park Service at former Eaker Air Force Base under section 4 and the parcel of real property containing the archaeological site known as the Chickasawba Mound and authorized for acquisition under section 5. The boundaries of the historical park shall also include all property authorized to be acquired for inclusion in the park by any law enacted after the date of the enactment of this Act. <SECTION-HEADER> TRANSFER OF JURISDICTION, EAKER AIR FORCE BASE, FOR HISTORICAL PARK. Transfer of Archaeological Sites. The Secretary of Defense shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior the parcels of real property located at former Eaker Air Force Base, Blytheville, Arkansas, consisting of the archaeological sites depicted on the map entitled "Arkansas Aeroplex Archaeological Sites". Visitor and Administrative Sites. Transfer required. To preserve the historical character and landscape of the main features of the historical park, the Secretary of Defense also shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior an additional parcel of real property at former Eaker Air Force Base for the development of visitor, administrative, museum, curatorial, and maintenance facilities for the historical park. Acreage limitation. The parcel transferred under this subsection may not exceed 15 acres. Selection. The parcel to be transferred under this subsection shall be jointly selected by the Secretary of Defense and the Secretary of the Interior. Use of Land. The Secretary of the Interior shall use the real property transferred under this section as part of the historical park. Legal Description. The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary of Defense. The cost of the survey shall be borne by the Secretary of the Interior. <SECTION-HEADER> ACQUISITION OF CHICKASAWBA MOUND FOR INCLUSION IN HISTORICAL PARK. The Secretary of the Interior may acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. <SECTION-HEADER> ADMINISTRATION OF HISTORICAL PARK. Applicable Laws. The Secretary of the Interior shall administer the historical park in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 , and the Act of August 21, 1935 . Cooperative Agreements. Authorized. The Secretary of the Interior may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. Conditions. Any payment made by the Secretary pursuant to such a cooperative agreement shall be subject to an agreement that conversion, use, or disposal of the project assisted under the cooperative agreement for purposes contrary to the purposes of the historical park, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such finds as determined at the time of such conversion, use, or disposal, whichever is greater. Acquisition of Real Property. Subject to sections 4 and 5, the Secretary of the Interior may acquire, within the boundaries of the historical park, real property with appropriated or donated funds, by donation, or by exchange for inclusion in the historical park.

Directs the Secretary of Defense to transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior certain archaeological sites located at the former base, including an additional parcel of real property for the development of visitor, administrative, museum, curatorial, and maintenance facilities. Authorizes the Secretary of the Interior to: (1) acquire for inclusion in the historical park, by donation or exchange, the archaeological site known as the Chickasawba Mound, which was placed on the National Register of Historic Places in 1984. And (2) enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park.

Mississippi Valley National Historical Park Act of 1999

104_s444

SECTION 1. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION. (a) In General.--Section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the following: ``(4) Cook Inlet Regional Corporation.--(A) In this paragraph: ``(i) The term `Cook Inlet Regional Corporation' means Cook Inlet Region, Incorporated. ``(ii) The term `nonresident distribution right' means the right of owners of nonvillage shares to share in distributions made to shareholders pursuant to subsections (j) and (m). ``(iii) The term `nonvillage shares' means shares of Settlement Common Stock owned by stockholders who are not residents of a Native village. ``(iv) The term `nonvoting security' means a security, for only the nonresident rights that attach to a share of Settlement Common Stock, that does not have attached voting rights. ``(B) Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 36(d)(1), purchase Settlement Common Stock of Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. ``(C) Subject to subparagraph (D), and notwithstanding paragraph (1)(B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell Settlement Common Stock of the Cook Inlet Regional Corporation to the Corporation. ``(D) No purchase or sale may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each purchase and sale made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. ``(E) To recognize the different rights that accrue to any class or series of nonvillage shares, an amendment made pursuant to subparagraph (B) shall authorize the board of directors (at the option of the board) to offer to purchase-- ``(i) nonvillage shares, including nonresident distribution rights, at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights; or ``(ii) nonvillage shares without the nonresident distribution rights associated with the shares. ``(F) Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each nonvillage share sold by the shareholder to the Cook Inlet Regional Corporation-- ``(i) the consideration for a share of Settlement Common Stock offered to shareholders of village shares; and ``(ii) a nonvoting security. ``(G) An amendment made pursuant to subparagraph (B) shall authorize the issuance of a nonvoting security that-- ``(i) shall, for purposes of subsections (j) and (m), be treated as a nonvillage share with respect to-- ``(I) computing distributions under those subsections; and ``(II) entitling the holder of the share to the proportional share of the distributions made under those subsections; ``(ii) may be sold to Cook Inlet Regional Corporation; and ``(iii) shall otherwise be subject to the restrictions under paragraph (1)(B). ``(H) A share of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that-- ``(i) a nonvillage share with the nonresident rights that attach to such a share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (m), a share of stock registered on the books of the Cook Inlet Regional Corporation in the name of a stockholder who is not a resident of a Native village; ``(ii) any amount of funds that would be distributable with respect to a nonvillage share or nonvoting security pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to the Corporation; and ``(iii) a village share that is purchased pursuant to this paragraph shall be considered to be-- ``(I) an outstanding share; and ``(II) for the purposes of subsection (k), shares of stock registered on the books of the Cook Inlet Regional Corporation in the name of a resident of a Native village. ``(I) Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer-- ``(i) any share of Settlement Common Stock held, at the time the offer is made, by an officer (including a member of the board of directors) of Cook Inlet Regional Corporation or a member of the immediate family of the officer; and ``(ii) any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. ``(J)(i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a nonvillage share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. ``(ii) Notwithstanding any other law, Cook Inlet Regional Corporation, a member of the board of directors of Cook Inlet Regional Corporation, and any firm or member of a firm of investment bankers or valuation experts who assists in a determination made under this subparagraph shall not be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made-- ``(I) in good faith; ``(II) in reliance on a determination made pursuant to clause (i); and ``(III) otherwise in accordance with this paragraph. ``(K) The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for the consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). ``(L) Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as a Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based program that may be provided by a Federal, State, or local agency.''. (b) Conforming Amendment.--Section 8(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than paragraph (4))''.

Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation to purchase its shareholder-held common stock.

A bill to amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes.

8,687

142

<SECTION-HEADER> PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION. In General. Section 7(h) of the Alaska Native Claims Settlement Act (43 USC. 1606(h)) is amended by adding at the end the following: Cook Inlet Regional Corporation. (A) In this paragraph: The term `Cook Inlet Regional Corporation' means Cook Inlet Region, Incorporated. The term `nonresident distribution right' means the right of owners of nonvillage shares to share in distributions made to shareholders pursuant to subsections (j) and (m). The term `nonvillage shares' means shares of Settlement Common Stock owned by stockholders who are not residents of a Native village. The term `nonvoting security' means a security, for only the nonresident rights that attach to a share of Settlement Common Stock, that does not have attached voting rights. Cook Inlet Regional Corporation may, by an amendment to its articles of incorporation made in accordance with the voting standards under section 36(d)(1), purchase Settlement Common Stock of Cook Inlet Regional Corporation and all rights associated with the stock from the shareholders of Cook Inlet Regional Corporation in accordance with any provisions included in the amendment that relate to the terms, procedures, number of offers to purchase, and timing of offers to purchase. Subject to subparagraph (D), and notwithstanding paragraph (B), the shareholders of Cook Inlet Regional Corporation may, in accordance with an amendment made pursuant to subparagraph (B), sell Settlement Common Stock of the Cook Inlet Regional Corporation to the Corporation. No purchase or sale may be made pursuant to this paragraph without the prior approval of the board of directors of Cook Inlet Regional Corporation. Except as provided in subparagraph (E), each purchase and sale made under this paragraph shall be made pursuant to an offer made on the same terms to all holders of Settlement Common Stock of the Cook Inlet Regional Corporation. To recognize the different rights that accrue to any class or series of nonvillage shares, an amendment made pursuant to subparagraph shall authorize the board of directors to offer to purchase nonvillage shares, including nonresident distribution rights, at a price that includes a premium, in addition to the amount that is offered for the purchase of other village shares of Settlement Common Stock of the Cook Inlet Regional Corporation, that reflects the value of the nonresident distribution rights. Or nonvillage shares without the nonresident distribution rights associated with the shares. Any shareholder who accepts an offer made by the board of directors pursuant to subparagraph (E)(ii) shall receive, with respect to each nonvillage share sold by the shareholder to the Cook Inlet Regional Corporation the consideration for a share of Settlement Common Stock offered to shareholders of village shares. And a nonvoting security. An amendment made pursuant to subparagraph (B) shall authorize the issuance of a nonvoting security that shall, for purposes of subsections (j) and (m), be treated as a nonvillage share with respect to computing distributions under those subsections. And entitling the holder of the share to the proportional share of the distributions made under those subsections, may be sold to Cook Inlet Regional Corporation. And shall otherwise be subject to the restrictions under paragraph (1)(B). A share of Settlement Common Stock purchased pursuant to this paragraph shall be canceled on the conditions that a nonvillage share with the nonresident rights that attach to such a share that is purchased pursuant to this paragraph shall be considered to be an outstanding share. And for the purposes of subsection (m), a share of stock registered on the books of the Cook Inlet Regional Corporation in the name of a stockholder who is not a resident of a Native village. Any amount of funds that would be distributable with respect to a nonvillage share or nonvoting security pursuant to subsection (j) or (m) shall be distributed by Cook Inlet Regional Corporation to the Corporation. And a village share that is purchased pursuant to this paragraph shall be considered to be an outstanding share. And for the purposes of subsection (k), shares of stock registered on the books of the Cook Inlet Regional Corporation in the name of a resident of a Native village. Any offer to purchase Settlement Common Stock made pursuant to this paragraph shall exclude from the offer any share of Settlement Common Stock held, at the time the offer is made, by an officer of Cook Inlet Regional Corporation or a member of the immediate family of the officer. And any share of Settlement Common Stock held by any custodian, guardian, trustee, or attorney representing a shareholder of Cook Inlet Regional Corporation in fact or law, or any other similar person, entity, or representative. (i) The board of directors of Cook Inlet Regional Corporation, in determining the terms of an offer to purchase made under this paragraph, including the amount of any premium paid with respect to a nonvillage share, may rely upon the good faith opinion of a recognized firm of investment bankers or valuation experts. Notwithstanding any other law, Cook Inlet Regional Corporation, a member of the board of directors of Cook Inlet Regional Corporation, and any firm or member of a firm of investment bankers or valuation experts who assists in a determination made under this subparagraph shall not be liable for damages resulting from terms made in an offer made in connection with any purchase of Settlement Common Stock if the offer was made in good faith, in reliance on a determination made pursuant to clause (i). And otherwise in accordance with this paragraph. The consideration given for the purchase of Settlement Common Stock made pursuant to an offer to purchase that provides for the consideration may be in the form of cash, securities, or a combination of cash and securities, as determined by the board of directors of Cook Inlet Regional Corporation, in a manner consistent with an amendment made pursuant to subparagraph (B). Sale of Settlement Common Stock in accordance with this paragraph shall not diminish a shareholder's status as a Native or descendant of a Native for the purpose of qualifying for those programs, benefits and services or other rights or privileges set out for the benefit of Natives and Native Americans. Proceeds from the sale of Settlement Common Stock shall not be excluded in determining eligibility for any needs-based program that may be provided by a Federal, State, or local agency.". Conforming Amendment. Section 8(c) of the Alaska Native Claims Settlement Act (43 USC. 1607(c)) is amended by striking "(h)" and inserting "(h) (other than paragraph (4))".

Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation to purchase its shareholder-held common stock.

A bill to amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes.

103_hr3823

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Fairness Act''. SEC. 2. FINDINGS. The Congress find that-- (1) the Wisconsin State Legislature has passed legislation calling upon the Congress of the United States to provide for Federal establishment of benefit levels for aid to families with dependent children (AFDC); (2) the current variation in benefit levels from State to State has discouraged families receiving AFDC from remaining in their home communities, although it is generally in the best interest of all citizens to live close to their families, friends, and support networks, and where job opportunities exist, and decisions on where to live should not be complicated by the level of AFDC benefits; (3) under the current system, taxpayers in States are paying differing amounts, with some States providing comparatively more in AFDC benefits while others are paying well beneath the level of poverty; and (4) because poverty does not know State boundaries, and because of the current disparities in the system for both taxpayers and AFDC recipients, uniform AFDC benefits should be determined federally. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Commission on Welfare Fairness'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. Within 1 year after the first date there are 8 members of the Commission, the Commission shall, in consultation with State officials responsible for the administration of State programs of aid to families with dependent children-- (1) establish a uniform standard of need for recipients of aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act; (2) devise a formula for adjusting the uniform standard of need, on an annual basis, for differences among the States in the cost of living for low income persons; and (3) devise a method of adjusting the uniform standard of need to offset any other documented incentive for interstate migration by persons seeking a higher level of benefits under the program of aid to families with dependent children. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the President, in consultation with the Secretary of Health and Human Services and with State officials responsible for the administration of State programs of aid to families with dependent children, and by and with the advice and consent of the Senate, not later than June 1, 1995. (b) Qualifications.-- (1) Individual qualifications.--Each member of the Commission shall-- (A) have experience in the delivery of social services; or (B) represent advocacy groups that work for the interests of lower income individuals. (2) Group qualification.--The members of the Commission, as a whole, shall represent the various regions of the United States. (c) Staggered Terms of Office.-- (1) In general.--Each Commission member shall be appointed for a term of 6 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) 5 shall be appointed for terms of 2 years; and (B) 5 shall be appointed for terms of 4 years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (d) Compensation.--The members of the Commission shall not receive compensation by reason of their service on the Commission, except travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members. (g) Meetings.--The Commission shall meet at the call of the Chairperson or a majority of the members of the Commission. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Chairperson of the Commission may, with the approval of the Commission, and without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of a director and such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. (b) Staff.--The Chairperson of the Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. (c) Experts and Consultants.--The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule. (d) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail to the Commission, without reimbursement, any personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.-- (1) In general.--Subject to paragraph (2), the Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Broad public participation.--The Commission shall conduct hearings in various areas of the United States, including inner cities, suburbs, and rural areas, to gather a broad spectrum of information on the issues to be addressed by the Commission. All interested persons shall be afforded an opportunity to testify at such hearings. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish such information to the Commission, to the extent not otherwise prohibited by law. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 8. ANNUAL REPORTS. (a) First Report.--Upon the establishment of a uniform standard of need and a formula and method for adjusting the uniform standard of need under section 4, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the uniform standard of need, and the formula and method for adjusting the uniform standard of need. (b) Subsequent Reports.--On each anniversary of the date the report required by subsection (a) is submitted, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report that reviews the success of the establishment of a uniform standard of need in curbing interstate migration for the purposes of seeking greater payments of aid to families with dependent children under State plans approved under part A of title IV of the Social Security Act. SEC. 9. TERMINATION. (a) In General.--The Commission shall terminate 6 years after the first date there are 8 members of the Commission. (b) Inapplicability of Termination Provision of the Federal Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. SEC. 10. CONFORMING AMENDMENTS. (a) In General.--Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended-- (1) by striking ``and'' at the end of paragraph (44); (2) by striking the period at the end of paragraph (45) and inserting a semicolon; and (3) by inserting after paragraph (45) the following: ``(46) provide that the State's standard of need for a family shall be-- ``(A) during the life of the Commission on Welfare Fairness, the uniform standard of need determined for a family of the same size by the Commission on Welfare Fairness under section 4 of the Welfare Fairness Act, adjusted by the Commission (as appropriate) in accordance with the formula and method established under such section; and ``(B) after the termination of the Commission, the uniform standard of need referred to in subparagraph (A) of this paragraph, adjusted by the Secretary (as appropriate) in accordance with the formula and method established under such section; and ``(47) provide that, in determining the amount of aid payable to a family under the State plan, the State may not apply any rule not expressly provided in Federal law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending after the date the Commission establishes a uniform standard of need, and a formula and method for adjusting the uniform standard of need, under section 3 of this Act.

Welfare Fairness Act - Establishes the Commission on Welfare Fairness to establish a uniform standard of need for recipients of Aid to Families with Dependent Children (AFDC) under part A of title IV of the Social Security Act, and provide for appropriate adjustments to such standard.

Welfare Fairness Act

10,929

285

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Welfare Fairness Act". <SECTION-HEADER> FINDINGS. The Congress find that the Wisconsin State Legislature has passed legislation calling upon the Congress of the United States to provide for Federal establishment of benefit levels for aid to families with dependent children (AFDC). The current variation in benefit levels from State to State has discouraged families receiving AFDC from remaining in their home communities, although it is generally in the best interest of all citizens to live close to their families, friends, and support networks, and where job opportunities exist, and decisions on where to live should not be complicated by the level of AFDC benefits. Under the current system, taxpayers in States are paying differing amounts, with some States providing comparatively more in AFDC benefits while others are paying well beneath the level of poverty. And because poverty does not know State boundaries, and because of the current disparities in the system for both taxpayers and AFDC recipients, uniform AFDC benefits should be determined federally. <SECTION-HEADER> ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the "Commission on Welfare Fairness" . <SECTION-HEADER> DUTIES OF COMMISSION. Within 1 year after the first date there are 8 members of the Commission, the Commission shall, in consultation with State officials responsible for the administration of State programs of aid to families with dependent children establish a uniform standard of need for recipients of aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act. Devise a formula for adjusting the uniform standard of need, on an annual basis, for differences among the States in the cost of living for low income persons. And devise a method of adjusting the uniform standard of need to offset any other documented incentive for interstate migration by persons seeking a higher level of benefits under the program of aid to families with dependent children. <SECTION-HEADER> MEMBERSHIP. Number and Appointment. The Commission shall be composed of 15 members appointed by the President, in consultation with the Secretary of Health and Human Services and with State officials responsible for the administration of State programs of aid to families with dependent children, and by and with the advice and consent of the Senate, not later than June 1, 1995. Qualifications. Individual qualifications. Each member of the Commission shall have experience in the delivery of social services. Or represent advocacy groups that work for the interests of lower income individuals. Group qualification. The members of the Commission, as a whole, shall represent the various regions of the United States. Staggered Terms of Office. In general. Each Commission member shall be appointed for a term of 6 years, except as provided in paragraphs (2) and . Terms of initial appointees. As designated by the President at the time of appointment, of the members first appointed 5 shall be appointed for terms of 2 years. And 5 shall be appointed for terms of 4 years. Vacancies. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. Compensation. The members of the Commission shall not receive compensation by reason of their service on the Commission, except travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. Quorum. 8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. Chairperson. Vice Chairperson. The Chairperson and Vice Chairperson of the Commission shall be elected by the members. Meetings. The Commission shall meet at the call of the Chairperson or a majority of the members of the Commission. <SECTION-HEADER> DIRECTOR AND STAFF OF COMMISSION. EXPERTS AND CONSULTANTS. Director. The Chairperson of the Commission may, with the approval of the Commission, and without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of a director and such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. Staff. The Chairperson of the Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the pay of such additional personnel as may be necessary to enable the Commission to perform its duties, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level V of the Executive Schedule. Experts and Consultants. The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule. Staff of Federal Agencies. Upon request of the Chairperson, the head of any Federal department or agency may detail to the Commission, without reimbursement, any personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. <SECTION-HEADER> POWERS OF COMMISSION. Hearings and Sessions. In general. Subject to paragraph (2), the Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Broad public participation. The Commission shall conduct hearings in various areas of the United States, including inner cities, suburbs, and rural areas, to gather a broad spectrum of information on the issues to be addressed by the Commission. All interested persons shall be afforded an opportunity to testify at such hearings. Powers of Members and Agents. Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. Obtaining Official Data. The Commission may secure directly from any department or agency of the United States such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish such information to the Commission, to the extent not otherwise prohibited by law. Mails. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. <SECTION-HEADER> ANNUAL REPORTS. First Report. Upon the establishment of a uniform standard of need and a formula and method for adjusting the uniform standard of need under section 4, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the uniform standard of need, and the formula and method for adjusting the uniform standard of need. Subsequent Reports. On each anniversary of the date the report required by subsection (a) is submitted, the Commission shall submit to the President, the Secretary of Health and Human Services, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report that reviews the success of the establishment of a uniform standard of need in curbing interstate migration for the purposes of seeking greater payments of aid to families with dependent children under State plans approved under part A of title IV of the Social Security Act. <SECTION-HEADER> TERMINATION. In General. The Commission shall terminate 6 years after the first date there are 8 members of the Commission. Inapplicability of Termination Provision of the Federal Advisory Committee Act. Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the Commission. <SECTION-HEADER> CONFORMING AMENDMENTS. In General. Section 402(a) of the Social Security Act (42 USC. 602(a)) is amended by striking "and" at the end of paragraph (44). By striking the period at the end of paragraph (45) and inserting a semicolon. And by inserting after paragraph (45) the following: provide that the State's standard of need for a family shall be during the life of the Commission on Welfare Fairness, the uniform standard of need determined for a family of the same size by the Commission on Welfare Fairness under section 4 of the Welfare Fairness Act, adjusted by the Commission in accordance with the formula and method established under such section. And after the termination of the Commission, the uniform standard of need referred to in subparagraph of this paragraph, adjusted by the Secretary in accordance with the formula and method established under such section. And provide that, in determining the amount of aid payable to a family under the State plan, the State may not apply any rule not expressly provided in Federal law.". Effective Date. The amendments made by subsection (a) shall apply to payments under part A of title IV of the Social Security Act for calendar quarters ending after the date the Commission establishes a uniform standard of need, and a formula and method for adjusting the uniform standard of need, under section 3 of this Act.

Welfare Fairness Act - Establishes the Commission on Welfare Fairness to establish a uniform standard of need for recipients of Aid to Families with Dependent Children (AFDC) under part A of title IV of the Social Security Act, and provide for appropriate adjustments to such standard.

Welfare Fairness Act

104_hr4047

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medigap Amendments of 1996''. SEC. 2. MEDIGAP AMENDMENTS. (a) Guaranteeing Issue Without Preexisting Conditions for Continuously Covered Individuals.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (3), by striking ``paragraphs (1) and (2)'' and inserting ``this subsection'', (2) by redesignating paragraph (3) as paragraph (4), and (3) by inserting after paragraph (2) the following new paragraph: ``(3)(A) The issuer of a Medicare supplemental policy-- ``(i) may not deny or condition the issuance or effectiveness of a Medicare supplemental policy described in subparagraph (C); ``(ii) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability; and ``(iii) may not impose an exclusion of benefits based on a pre-existing condition, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the date of the termination of enrollment described in such subparagraph. ``(B) An individual described in this subparagraph is an individual described in any of the following clauses: ``(i) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment ceases either because the individual moves outside the service area of the organization under the contract or agreement or because of the termination or nonrenewal of the contract or agreement. ``(ii) The individual is enrolled with an organization under a policy described in subsection (t) and such enrollment ceases either because the individual moves outside the service area of the organization under the policy, because of the bankruptcy or insolvency of the insurer, or because the insurer closes the block of business to new enrollment. ``(iii) The individual is covered under a medicare supplemental policy and such coverage is terminated because of the bankruptcy or insolvency of the insurer issuing the policy, because the insurer closes the block of business to new enrollment, or because the individual changes residence so that the individual no longer resides in a State in which the issuer of the policy is licensed. ``(iv) The individual is enrolled under an employee welfare benefit plan that provides health benefits that supplement the benefits under this title and the plan terminates or ceases to provide (or significantly reduces) such supplemental health benefits to the individual. ``(v)(I) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment is terminated by the enrollee during the first 12 months of such enrollment, but only if the individual never was previously enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A). ``(II) The individual is enrolled under a policy described in subsection (t) and such enrollment is terminated during the first 12 months of such enrollment, but only if the individual never was previously enrolled under such a policy under such subsection. ``(C)(i) Subject to clause (ii), a medicare supplemental policy described in this subparagraph, with respect to an individual described in subparagraph (B), is a policy the benefits under which are comparable or lesser in relation to the benefits under the enrollment described in subparagraph (B) (or, in the case of an individual described in clause (ii), under the most recent medicare supplemental policy described in clause (ii)(II)). ``(ii) An individual described in this clause is an individual who-- ``(I) is described in subparagraph (B)(v), and ``(II) was enrolled in a medicare supplemental policy within the 63 day period before the enrollment described in such subparagraph. ``(iii) As a condition for approval of a State regulatory program under subsection (b)(1) and for purposes of applying clause (i) to policies to be issued in the State, the regulatory program shall provide for the method of determining whether policy benefits are comparable or lesser in relation to other benefits. With respect to a State without such an approved program, the Secretary shall establish such method. ``(D) At the time of an event described in subparagraph (B) because of which an individual ceases enrollment or loses coverage or benefits under a contract or agreement, policy, or plan, the organization that offers the contract or agreement, the insurer offering the policy, or the administrator of the plan, respectively, shall notify the individual of the rights of the individual, and obligations of issuers of medicare supplemental policies, under subparagraph (A).''. (b) Limitation on Imposition of Preexisting Condition Exclusion During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows: ``(B) In the case of a policy issued during the 6-month period described in subparagraph (A), the policy may not exclude benefits based on a pre-existing condition.''. (c) Clarifying the Nondiscrimination Requirements During the 6- Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended to read as follows: ``(2)(A)(i) In the case of an individual described in clause (ii), the issuer of a medicare supplemental policy-- ``(I) may not deny or condition the issuance or effectiveness of a medicare supplemental policy, and ``(II) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability. ``(ii) An individual described in this clause is an individual for whom an application is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B.''. (d) Extending 6-Month Initial Enrollment Period to Non-Elderly Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42 U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by striking ``is submitted'' and all that follows and inserting the following: ``is submitted-- ``(I) before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B; and ``(II) for each time the individual becomes eligible for benefits under part A pursuant to section 226(b) or 226A and is enrolled for benefits under part B, before the end of the 6- month period beginning with the first month as of the first day on which the individual is so eligible and so enrolled.''. (e) Effective Dates.-- (1) Guaranteed issue.--The amendment made by subsection (a) shall take effect on July 1, 1997. (2) Limit on preexisting condition exclusions.--The amendment made by subsection (b) shall apply to policies issued on or after July 1, 1997. (3) Clarification of nondiscrimination requirements.--The amendment made by subsection (c) shall apply to policies issued on or after July 1, 1997. (4) Extension of enrollment period to disabled individuals.-- (A) In general.--The amendment made by subsection (d) shall take effect on July 1, 1997. (B) Transition rule.--In the case of an individual who first became eligible for benefits under part A of title XVIII of the Social Security Act pursuant to section 226(b) or 226A of such Act and enrolled for benefits under part B of such title before July 1, 1997, the 6-month period described in section 1882(s)(2)(A) of such Act shall begin on July 1, 1997. Before July 1, 1997, the Secretary of Health and Human Services shall notify any individual described in the previous sentence of their rights in connection with medicare supplemental policies under section 1882 of such Act, by reason of the amendment made by subsection (d). (f) Transition Provisions.-- (1) In general.--If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4). (2) NAIC standards.--If, within 9 months after the date of the enactment of this Act, the National Association of Insurance Commissioners (in this subsection referred to as the ``NAIC'') modifies its NAIC Model Regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as modified pursuant to section 171(m)(2) of the Social Security Act Amendments of 1994 (Public Law 103-432) and as modified pursuant to section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by section 271(a) of the Health Care Portability and Accountability Act of 1996 (Public Law 104-191) to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation (including the revised NAIC model regulation and the 1991 NAIC Model Regulation) for the purposes of such section. (3) Secretary standards.--If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate Regulation for the purposes of such section. (4) Date specified.-- (A) In general.--Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of-- (i) the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or (ii) 1 year after the date the NAIC or the Secretary first makes the modifications under paragraph (2) or (3), respectively. (B) Additional legislative action required.--In the case of a State which the Secretary identifies as-- (i) requiring State legislation (other than legislation appropriating funds) to conform its regulatory program to the changes made in this section, but (ii) having a legislature which is not scheduled to meet in 1998 in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1, 1998. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 3. INFORMATION FOR MEDICARE BENEFICIARIES. (a) Grant program.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') is authorized to provide grants to-- (A) private, independent, non-profit consumer organizations, and (B) State agencies, to conduct programs to prepare and make available to medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a medicare managed care contract and in medicare supplemental policies in which they are eligible to enroll. Nothing in this section shall be construed as preventing the Secretary from making a grant to an organization under this section to carry out activities for which a grant may be made under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508). (2) Consumer satisfaction surveys.--Any eligible organization with a medicare managed care contract or any issuer of a medicare supplemental policy shall-- (A) conduct, in accordance with minimum standards approved by the Secretary, a consumer satisfaction survey of the enrollees under such contract or such policy; and (B) make the results of such survey available to Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. The Secretary shall make the results of such surveys available to organizations which receive grants under paragraph (1). (3) Information.-- (A) Contents.--The information described in paragraph (1) shall include at least a comparison of such contracts and policies, including a comparison of the benefits provided, quality and performance, the costs to enrollees, the results of consumer satisfaction surveys on such contracts and policies, as described in subsection (a)(2), and such additional information as the Secretary may prescribe. (B) Information standards.--The Secretary shall develop standards and criteria to ensure that the information provided to medicare beneficiaries under a grant under this section is complete, accurate, and uniform. (C) Review of information.--The Secretary may prescribe the procedures and conditions under which an organization that has obtained a grant under this section may furnish information obtained under the grant to medicare beneficiaries. Such information shall be submitted to the Secretary at least 45 days before the date the information is first furnished to such beneficiaries. (4) Consultation with other organizations and providers.-- An organization which receives a grant under paragraph (1) shall consult with private insurers, managed care plan providers and other health care providers, and public and private purchasers of health care benefits in order to provide the information described in paragraph (1). (5) Terms and conditions.--To be eligible for a grant under this section, an organization shall prepare and submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. Grants made under this section shall be in accordance with terms and conditions specified by the Secretary. (b) Cost-Sharing.-- (1) In general.--Each organization which provides a medicare managed care contract or issues a medicare supplemental policy (including a medicare select policy) shall pay to the Secretary its pro rata share (as determined by the Secretary) of the estimated costs to be incurred by the Secretary in providing the grants described in subsection (a). (2) Limitation.--The total amount required to be paid under paragraph (1) shall not exceed $35,000,000 in any fiscal year. (3) Application of proceeds.--Amounts received under paragraph (1) are hereby appropriated to the Secretary to defray the costs described in such paragraph and shall remain available until expended. (c) Definitions.--In this section: (1) Medicare managed care contract.--The term ``medicare managed care contract'' means a contract under section 1876 or section 1833(a)(1)(A) of the Social Security Act. (2) Medicare supplemental policy.--The term ``medicare supplemental policy'' has the meaning given such term in section 1882(g) of the Social Security Act.

Medigap Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons. Prohibits a Medicare supplemental policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage , if the policy in which the individual wishes to enroll has a comparable or less generous benefits package. Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare. Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to: (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy. And (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants. Makes necessary appropriations.

Medigap Amendments of 1996

18,774

2,166

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medigap Amendments of 1996". <SECTION-HEADER> MEDIGAP AMENDMENTS. Guaranteeing Issue Without Preexisting Conditions for Continuously Covered Individuals. Section 1882(s) of the Social Security Act (42 USC. 1395ss(s)) is amended in paragraph (3), by striking "paragraphs (1) and " and inserting "this subsection", by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph: (A) The issuer of a Medicare supplemental policy may not deny or condition the issuance or effectiveness of a Medicare supplemental policy described in subparagraph (C). May not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition , claims experience, receipt of health care, medical history, genetic information, evidence of insurability , or disability. And may not impose an exclusion of benefits based on a pre-existing condition, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the date of the termination of enrollment described in such subparagraph. An individual described in this subparagraph is an individual described in any of the following clauses: The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment ceases either because the individual moves outside the service area of the organization under the contract or agreement or because of the termination or nonrenewal of the contract or agreement. The individual is enrolled with an organization under a policy described in subsection (t) and such enrollment ceases either because the individual moves outside the service area of the organization under the policy, because of the bankruptcy or insolvency of the insurer, or because the insurer closes the block of business to new enrollment. The individual is covered under a medicare supplemental policy and such coverage is terminated because of the bankruptcy or insolvency of the insurer issuing the policy, because the insurer closes the block of business to new enrollment, or because the individual changes residence so that the individual no longer resides in a State in which the issuer of the policy is licensed. The individual is enrolled under an employee welfare benefit plan that provides health benefits that supplement the benefits under this title and the plan terminates or ceases to provide such supplemental health benefits to the individual. (I) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment is terminated by the enrollee during the first 12 months of such enrollment, but only if the individual never was previously enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A). The individual is enrolled under a policy described in subsection (t) and such enrollment is terminated during the first 12 months of such enrollment, but only if the individual never was previously enrolled under such a policy under such subsection. (i) Subject to clause (ii), a medicare supplemental policy described in this subparagraph, with respect to an individual described in subparagraph (B), is a policy the benefits under which are comparable or lesser in relation to the benefits under the enrollment described in subparagraph (B) (or, in the case of an individual described in clause (ii), under the most recent medicare supplemental policy described in clause (ii)(II)). An individual described in this clause is an individual who is described in subparagraph (B)(v), and was enrolled in a medicare supplemental policy within the 63 day period before the enrollment described in such subparagraph. As a condition for approval of a State regulatory program under subsection (b)(1) and for purposes of applying clause (i) to policies to be issued in the State, the regulatory program shall provide for the method of determining whether policy benefits are comparable or lesser in relation to other benefits. With respect to a State without such an approved program, the Secretary shall establish such method. At the time of an event described in subparagraph (B) because of which an individual ceases enrollment or loses coverage or benefits under a contract or agreement, policy, or plan, the organization that offers the contract or agreement, the insurer offering the policy, or the administrator of the plan, respectively, shall notify the individual of the rights of the individual, and obligations of issuers of medicare supplemental policies, under subparagraph (A).". Limitation on Imposition of Preexisting Condition Exclusion During Initial Open Enrollment Period. Section 1882(s)(2)(B) of such Act (42 USC. 1395ss(s)(2)(B)) is amended to read as follows: In the case of a policy issued during the 6-month period described in subparagraph (A), the policy may not exclude benefits based on a pre-existing condition.". Clarifying the Nondiscrimination Requirements During the 6- Month Initial Enrollment Period. Section 1882(s)(2)(A) of such Act (42 USC. 1395ss(s)(2)(A)) is amended to read as follows: (A)(i) In the case of an individual described in clause (ii), the issuer of a medicare supplemental policy may not deny or condition the issuance or effectiveness of a medicare supplemental policy, and may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition , claims experience, receipt of health care, medical history, genetic information, evidence of insurability , or disability. An individual described in this clause is an individual for whom an application is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B.". Extending 6-Month Initial Enrollment Period to Non-Elderly Medicare Beneficiaries. Section 1882(s)(2)(A)(ii) of such Act (42 USC. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by striking "is submitted" and all that follows and inserting the following: "is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B. And for each time the individual becomes eligible for benefits under part A pursuant to section 226(b) or 226A and is enrolled for benefits under part B, before the end of the 6- month period beginning with the first month as of the first day on which the individual is so eligible and so enrolled.". Effective Dates. Guaranteed issue. The amendment made by subsection (a) shall take effect on July 1, 1997. Limit on preexisting condition exclusions. The amendment made by subsection (b) shall apply to policies issued on or after July 1, 1997. Clarification of nondiscrimination requirements. The amendment made by subsection (c) shall apply to policies issued on or after July 1, 1997. Extension of enrollment period to disabled individuals. In general. The amendment made by subsection shall take effect on July 1, 1997. Transition rule. In the case of an individual who first became eligible for benefits under part A of title XVIII of the Social Security Act pursuant to section 226(b) or 226A of such Act and enrolled for benefits under part B of such title before July 1, 1997, the 6-month period described in section 1882(s)(2)(A) of such Act shall begin on July 1, 1997. Before July 1, 1997, the Secretary of Health and Human Services shall notify any individual described in the previous sentence of their rights in connection with medicare supplemental policies under section 1882 of such Act, by reason of the amendment made by subsection . Transition Provisions. In general. If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4). NAIC standards. If, within 9 months after the date of the enactment of this Act, the National Association of Insurance Commissioners modifies its NAIC Model Regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as modified pursuant to section 171(m)(2) of the Social Security Act Amendments of 1994 and as modified pursuant to section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by section 271(a) of the Health Care Portability and Accountability Act of 1996 to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation for the purposes of such section. Secretary standards. If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate Regulation for the purposes of such section. Date specified. In general. Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or 1 year after the date the NAIC or the Secretary first makes the modifications under paragraph (2) or (3), respectively. Additional legislative action required. In the case of a State which the Secretary identifies as requiring State legislation to conform its regulatory program to the changes made in this section, but having a legislature which is not scheduled to meet in 1998 in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1, 1998. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. <SECTION-HEADER> INFORMATION FOR MEDICARE BENEFICIARIES. Grant program. In general. The Secretary of Health and Human Services is authorized to provide grants to private, independent, non-profit consumer organizations, and State agencies, to conduct programs to prepare and make available to medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a medicare managed care contract and in medicare supplemental policies in which they are eligible to enroll. Nothing in this section shall be construed as preventing the Secretary from making a grant to an organization under this section to carry out activities for which a grant may be made under section 4360 of the Omnibus Budget Reconciliation Act of 1990 . Consumer satisfaction surveys. Any eligible organization with a medicare managed care contract or any issuer of a medicare supplemental policy shall conduct, in accordance with minimum standards approved by the Secretary, a consumer satisfaction survey of the enrollees under such contract or such policy. And make the results of such survey available to Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. The Secretary shall make the results of such surveys available to organizations which receive grants under paragraph (1). Information. Contents. The information described in paragraph (1) shall include at least a comparison of such contracts and policies, including a comparison of the benefits provided, quality and performance, the costs to enrollees, the results of consumer satisfaction surveys on such contracts and policies, as described in subsection (a)(2), and such additional information as the Secretary may prescribe. Information standards. The Secretary shall develop standards and criteria to ensure that the information provided to medicare beneficiaries under a grant under this section is complete, accurate, and uniform. Review of information. The Secretary may prescribe the procedures and conditions under which an organization that has obtained a grant under this section may furnish information obtained under the grant to medicare beneficiaries. Such information shall be submitted to the Secretary at least 45 days before the date the information is first furnished to such beneficiaries. Consultation with other organizations and providers. An organization which receives a grant under paragraph (1) shall consult with private insurers, managed care plan providers and other health care providers, and public and private purchasers of health care benefits in order to provide the information described in paragraph (1). Terms and conditions. To be eligible for a grant under this section, an organization shall prepare and submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. Grants made under this section shall be in accordance with terms and conditions specified by the Secretary. Cost-Sharing. In general. Each organization which provides a medicare managed care contract or issues a medicare supplemental policy shall pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants described in subsection (a). Limitation. The total amount required to be paid under paragraph (1) shall not exceed $35,000,000 in any fiscal year. Application of proceeds. Amounts received under paragraph (1) are hereby appropriated to the Secretary to defray the costs described in such paragraph and shall remain available until expended. Definitions. In this section: Medicare managed care contract. The term "medicare managed care contract" means a contract under section 1876 or section 1833(a)(1)(A) of the Social Security Act. Medicare supplemental policy. The term "medicare supplemental policy" has the meaning given such term in section 1882(g) of the Social Security Act.

Medigap Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons. Prohibits a Medicare supplemental policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage , if the policy in which the individual wishes to enroll has a comparable or less generous benefits package. Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare. Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to: (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy. And (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants. Makes necessary appropriations.

Medigap Amendments of 1996

110_hr5630

SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Employment Act''. SEC. 2. NUMERICAL LIMITATIONS. Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(vii)) is amended to read as follows: ``(vii) 130,000 in fiscal year 2008 and each succeeding fiscal year, except that in fiscal years 2010 through 2015, if such limitation is reached in the previous fiscal year, such limitation shall equal the greater of 180,000 and the limitation applicable for the previous fiscal year increased by 20 percent; or''. SEC. 3. EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS. Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (1) in subparagraph (B), by striking ``or''; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(D) has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment; or ``(E) has earned a master's or higher degree (or its equivalent) from an institution of higher education outside of the United States in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment, until the number of aliens who are exempted from such numerical limitations under this subparagraph during a fiscal year exceeds 20,000.''. SEC. 4. H-1B EMPLOYER REQUIREMENTS. Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following: ``(H) The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that-- ``(i) the job or jobs are only available to persons who are or who may become H-1B nonimmigrants; or ``(ii) persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. ``(I) If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.''. SEC. 5. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS. (a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended, in the matter following subparagraph (I) (as inserted by section 3 of this Act)-- (1) by inserting ``and through the Department of Labor's website, without charge.'' after ``D.C.''; (2) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness''; (3) by striking or ``obviously inaccurate'' and inserting ``presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; (4) by striking ``within 7 days of'' and inserting ``not later than 14 days after''; and (5) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''. (b) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended-- (1) in subparagraph (A)-- (A) by striking ``12 months'' and inserting ``24 months''; and (B) by striking ``The Secretary shall conduct'' and all that follows and inserting ``Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.''; (2) in subparagraph (C)(i)-- (A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; and (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)''; (3) in subparagraph (G)-- (A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements of this subsection.''; (B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.''; (C) in clause (iii), by striking the last sentence; (D) by striking clauses (iv) and (v); (E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (F) in clause (iv), as redesignated, by striking ``meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months'' and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months''; (G) by amending clause (v), as redesignated, to read as follows: ``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.''; (H) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and (I) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).''; and (4) by striking subparagraph (H). (c) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: ``(H) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. (d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers that employ H-1B nonimmigrants during the applicable calendar year.'' (e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended-- (1) in clause (i)(I), by striking ``$1,000'' and inserting ``$2,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$10,000''; and (3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''. (f) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following: ``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. ``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with-- ``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections; and ``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights.''. SEC. 6. WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended-- (1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and (2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost compensation, including back pay.''.

Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa cap from 65,000 to 130,000 starting in FY2008. Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20 percent. Exempts from H-1B caps an alien who has earned a master's or higher degree from a US institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement. (2) authorize the Secretary of Labor to initiate an H-1B employer investigation, (3) increase employer penalties, and (4) provide whistleblower protections.

To modify certain requirements with respect to H-1B nonimmigrants.

12,343

1,236

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Innovation Employment Act". <SECTION-HEADER> NUMERICAL LIMITATIONS. Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8 USC. 1184(g)(1)(A)(vii)) is amended to read as follows: 130,000 in fiscal year 2008 and each succeeding fiscal year, except that in fiscal years 2010 through 2015, if such limitation is reached in the previous fiscal year, such limitation shall equal the greater of 180,000 and the limitation applicable for the previous fiscal year increased by 20 percent. Or". <SECTION-HEADER> EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS. Section 214(g)(5) of the Immigration and Nationality Act (8 USC. 1184(g)(5)) is amended in subparagraph (B), by striking "or". In subparagraph (C), by striking the period at the end and inserting a semicolon. And by adding at the end the following: has earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 USC. 1001(a)) in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment. Or has earned a master's or higher degree from an institution of higher education outside of the United States in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment, until the number of aliens who are exempted from such numerical limitations under this subparagraph during a fiscal year exceeds 20,000.". <SECTION-HEADER> H-1B EMPLOYER REQUIREMENTS. Section 212(n)(1) of the Immigration and Nationality Act (8 USC. 1182(n)(1)) is amended by inserting after subparagraph (G) the following: The employer has not advertised the available jobs specified in the application in an advertisement that states or indicates that the job or jobs are only available to persons who are or who may become H-1B nonimmigrants. Or persons who are or who may become H-1B nonimmigrants shall receive priority or a preference in the hiring process. If the employer employs not less than 50 employees in the United States, not more than 50 percent of such employees are H-1B nonimmigrants.". <SECTION-HEADER> H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS. Safeguards Against Fraud and Misrepresentation in Application Review Process. Section 212(n)(1) of the Immigration and Nationality Act (8 USC. 1182(n)(1)) is amended, in the matter following subparagraph (I) by inserting "and through the Department of Labor's website, without charge." after "D. C.". By inserting ", clear indicators of fraud, misrepresentation of material fact," after "completeness". By striking or "obviously inaccurate" and inserting "presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate". By striking "within 7 days of" and inserting "not later than 14 days after". And by adding at the end the following: "If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).". Investigations by Department of Labor. Section 212(n)(2) of such Act is amended in subparagraph (A) by striking "12 months" and inserting "24 months". And by striking "The Secretary shall conduct" and all that follows and inserting "Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.". In subparagraph (C)(i) by striking "a condition of paragraph (1)(B), (E), or (1)(F)" and inserting "a condition under subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)", and by striking "(1)(C)" and inserting (C)(ii)". In subparagraph (G) in clause (i), by striking "if the Secretary" and all that follows and inserting "with regard to the employer's compliance with the requirements of this subsection.". In clause (ii), by striking "and whose identity" and all that follows through "failure or failures." and inserting "the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.", in clause (iii), by striking the last sentence, by striking clauses (iv) and (v). By redesignating clauses (vi), (vii), and as clauses (iv), (v), and (vi), respectively. In clause (iv), as redesignated, by striking "meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months" and inserting "comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months". By amending clause (v), as redesignated, to read as follows: The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.". In clause (vi), as redesignated, by striking "An investigation" and all that follows through "the determination." and inserting "If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.". And by adding at the end the following: If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).". And by striking subparagraph (H). Information Sharing Between Department of Labor and Department of Homeland Security. Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following: The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.". Audits. Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: "The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers that employ H-1B nonimmigrants during the applicable calendar year." Penalties. Section 212(n)(2)(C) of such Act, as amended by this section, is further amended in clause (i)(I), by striking "$1,000" and inserting "$2,000", in clause (ii)(I), by striking "$5,000" and inserting "$10,000". And in clause (vi)(III), by striking "$1,000" and inserting "$2,000". Information Provided to H-1B Nonimmigrants Upon Visa Issuance. Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following: (A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections. And the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights. Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections. And the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights.". <SECTION-HEADER> WHISTLEBLOWER PROTECTIONS. Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 USC. 1182(n)(2)(C)(iv)) is amended by inserting "take, fail to take, or threaten to take or fail to take, a personnel action, or" before "to intimidate". And by adding at the end the following: "An employer that violates this clause shall be liable to the employees harmed by such violation for lost compensation, including back pay.".

Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa cap from 65,000 to 130,000 starting in FY2008. Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20 percent. Exempts from H-1B caps an alien who has earned a master's or higher degree from a US institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment. Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement. (2) authorize the Secretary of Labor to initiate an H-1B employer investigation, (3) increase employer penalties, and (4) provide whistleblower protections.

To modify certain requirements with respect to H-1B nonimmigrants.

110_s3379

SECTION 1. SHORT TITLE. This Act may be cited as the ``Services, Education, and Rehabilitation for Veterans Act'' or the ``SERV Act''. SEC. 2. VETERAN'S TREATMENT COURTS. (a) Delegation.--The Director of the Office of National Drug Control Policy (referred to in this Act as the ``Director'') shall delegate the authority to administer the program and other such activities necessary to carry out this Act to the Department of Justice. (b) Grants.--The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments acting directly or through agreements with other public or private entities, for the purpose of developing, implementing, or enhancing veteran's treatment courts or expanding operational drug courts to serve veterans. (c) Eligibility.--Grants under this Act shall be made to veteran's treatment courts and drug courts serving veterans that effectively integrate substance abuse treatment, mental health treatment, mandatory drug testing, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over nonviolent, substance-abusing offenders that have served in the United States military. SEC. 3. GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve-- (1) continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military; and (2) the integrated administration of other sanctions and services, which shall include-- (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse and mental health treatment (such as treatment for depression and post-traumatic stress disorder) for each participant; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (b) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this Act shall-- (1) include a long-term strategy and detailed implementation plan; (2) explain the applicant's inability to fund the program adequately without Federal assistance; (3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; (5) certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program; (6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the veteran's treatment court program; (7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and (8) describe the methodology that will be used in evaluating the program. (c) Certifications.--Each such application shall contain the certification that the program for which the grant is requested shall meet each of the requirements of this Act. SEC. 5. FEDERAL SHARE. The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. SEC. 6. REPORTS AND EVALUATIONS. (a) Report to Attorney General and the Director.--For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Veterans Affairs a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. (b) Report to Congress.--The Director, in consultation with the Attorney General, shall submit a yearly report on the effectiveness on the activities carried out under this Act to the House and Senate Committees on the Judiciary and the House and Senate Committees on Veterans Affairs. SEC. 7. DEFINITIONS. In this Act: (1) Veteran.--The term ``veteran'' means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. (2) Veteran's treatment court.--The term ``veteran's treatment court'' means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103- 322). (3) Violent offender.--The term ``violent offender'' means a person who-- (A) is charged with or convicted of an offense, during the course of which offense or conduct-- (i) the person carried, possessed, or used a firearm or dangerous weapon; (ii) there occurred the death of or serious bodily injury to any person; or (iii) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted. (B) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. SEC. 8. ADMINISTRATION. (a) Consultation.--The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act. (b) Regulatory Authority.-- (1) In general.--The Attorney General may issue regulations and guidelines necessary to carry out this Act. (2) Participation limits.--In additional to the general authority provided under paragraph (1), the Attorney General shall-- (A) issue regulations and guidelines to ensure that programs authorized in this Act do not permit participation by violent offenders; and (B) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. (c) Geographic Distribution.--The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this Act. SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. (a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. (b) Evaluations.--The Attorney General may provide for evaluations in furtherance of the purposes of this Act. SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE. (a) Comprehensive, National Training and Technical Assistance for Drug Courts.--The National Drug Court Institute in Alexandria, Virginia shall-- (1) conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources; and (2) provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up. (b) Ancillary Projects.--The National Drug Court Institute in Alexandria, Virginia shall complete ancillary programs designed to facilitate the expansion and improvement of drug courts nationwide including-- (1) a Judicial Task Force to develop a transition plan for new drug court judges; (2) a resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field; (3) publishing annually the National Drug Court Institute Review to provide research, analysis, and commentary of importance to the drug court field; and (4) searching drug court literature and identify, reprint, and disseminate important and relevant scholarship to the drug court field. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2009 through 2014 to remain available until expended. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Except for section 10, there are authorized to be appropriated to the Director to carry out this Act $25,000,000 for each of fiscal years 2009 to 2014.

Services, Education, and Rehabilitation for Veterans Act or the SERV Act - Requires the Director of the Office of National Drug Control Policy to delegate to the Department of Justice (DOJ) the authority to administer the veteran's treatment courts program established by this Act. Authorizes the Attorney General to make grants to states and other entities: (1) to develop, implement, or enhance veteran's treatment courts or to expand operational drug courts to serve veterans. And (2) for programs that involve continuing judicial supervision over nonviolent offenders with substance abuse or mental health problems who have served in the US military. Requires such programs to include mandatory periodic testing for the use of drugs, substance abuse and mental health treatment, opportunities for diversion, probation, or supervised release, and programmatic, offender management, and aftercare services. Directs the National Drug Court Institute to conduct national training programs for state and local communities to improve the professional skills of drug court practitioners and provide comprehensive technical assistance to adult, juvenile, and family dependency drug courts.

A bill to provide grants to establish veteran's treatment courts.

11,762

1,185

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Services, Education, and Rehabilitation for Veterans Act" or the "SERV Act". <SECTION-HEADER> VETERAN'S TREATMENT COURTS. Delegation. The Director of the Office of National Drug Control Policy shall delegate the authority to administer the program and other such activities necessary to carry out this Act to the Department of Justice. Grants. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments acting directly or through agreements with other public or private entities, for the purpose of developing, implementing, or enhancing veteran's treatment courts or expanding operational drug courts to serve veterans. Eligibility. Grants under this Act shall be made to veteran's treatment courts and drug courts serving veterans that effectively integrate substance abuse treatment, mental health treatment, mandatory drug testing, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over nonviolent, substance-abusing offenders that have served in the United States military. <SECTION-HEADER> GRANT AUTHORITY. The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for programs that involve continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military. And the integrated administration of other sanctions and services, which shall include mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant, substance abuse and mental health treatment for each participant. Diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress. And programmatic, offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. <SECTION-HEADER> APPLICATIONS. In General. To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. Applications. In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this Act shall include a long-term strategy and detailed implementation plan. Explain the applicant's inability to fund the program adequately without Federal assistance. Certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available. Identify related governmental or community initiatives which complement or will be coordinated with the proposal. Certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program. Certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the veteran's treatment court program. Specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support. And describe the methodology that will be used in evaluating the program. Certifications. Each such application shall contain the certification that the program for which the grant is requested shall meet each of the requirements of this Act. <SECTION-HEADER> FEDERAL SHARE. The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. <SECTION-HEADER> REPORTS AND EVALUATIONS. Report to Attorney General and the Director. For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Veterans Affairs a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. Report to Congress. The Director, in consultation with the Attorney General, shall submit a yearly report on the effectiveness on the activities carried out under this Act to the House and Senate Committees on the Judiciary and the House and Senate Committees on Veterans Affairs. <SECTION-HEADER> DEFINITIONS. In this Act: Veteran. The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. Veteran's treatment court. The term "veteran's treatment court" means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 . Violent offender. The term "violent offender" means a person who is charged with or convicted of an offense, during the course of which offense or conduct the person carried, possessed, or used a firearm or dangerous weapon. There occurred the death of or serious bodily injury to any person. Or there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted. has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. <SECTION-HEADER> ADMINISTRATION. Consultation. The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act. Regulatory Authority. In general. The Attorney General may issue regulations and guidelines necessary to carry out this Act. Participation limits. In additional to the general authority provided under paragraph (1), the Attorney General shall issue regulations and guidelines to ensure that programs authorized in this Act do not permit participation by violent offenders. And immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. Geographic Distribution. The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this Act. <SECTION-HEADER> TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. Technical Assistance and Training. The Attorney General may provide technical assistance and training in furtherance of the purposes of this Act. Evaluations. The Attorney General may provide for evaluations in furtherance of the purposes of this Act. <SECTION-HEADER> FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE. Comprehensive, National Training and Technical Assistance for Drug Courts. The National Drug Court Institute in Alexandria, Virginia shall conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources. And provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up. Ancillary Projects. The National Drug Court Institute in Alexandria, Virginia shall complete ancillary programs designed to facilitate the expansion and improvement of drug courts nationwide including a Judicial Task Force to develop a transition plan for new drug court judges. A resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field. Publishing annually the National Drug Court Institute Review to provide research, analysis, and commentary of importance to the drug court field. And searching drug court literature and identify, reprint, and disseminate important and relevant scholarship to the drug court field. Authorization of Appropriations. There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2009 through 2014 to remain available until expended. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Except for section 10, there are authorized to be appropriated to the Director to carry out this Act $25,000,000 for each of fiscal years 2009 to 2014.

Services, Education, and Rehabilitation for Veterans Act or the SERV Act - Requires the Director of the Office of National Drug Control Policy to delegate to the Department of Justice (DOJ) the authority to administer the veteran's treatment courts program established by this Act. Authorizes the Attorney General to make grants to states and other entities: (1) to develop, implement, or enhance veteran's treatment courts or to expand operational drug courts to serve veterans. And (2) for programs that involve continuing judicial supervision over nonviolent offenders with substance abuse or mental health problems who have served in the US military. Requires such programs to include mandatory periodic testing for the use of drugs, substance abuse and mental health treatment, opportunities for diversion, probation, or supervised release, and programmatic, offender management, and aftercare services. Directs the National Drug Court Institute to conduct national training programs for state and local communities to improve the professional skills of drug court practitioners and provide comprehensive technical assistance to adult, juvenile, and family dependency drug courts.

A bill to provide grants to establish veteran's treatment courts.

109_hr6081

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Engineering Accountability Act of 2006''. SEC. 2. CIVIL LIABILITY. (a) In General.--Notwithstanding section 2680(a) of title 28, United States Code, and section 3 of the Flood Control Act of 1928 (33 U.S.C. 702c), and subject to subsection (b), an action may be brought only in a Federal court for actual, not punitive, damages against the Army Corps of Engineers for the failure or negligence by the Corps to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. (b) Determination of Liability.--An action brought under subsection (a) for monetary damages for injury or loss of property, or personal injury or death may proceed only if a claimant can demonstrate that-- (1) the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible; or (2) the independent Commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. SEC. 3. COMMISSION. (a) Establishment.--There is hereby established a Commission to be known as the Federal Engineering Accountability Commission. (b) Duties.-- (1) Initial duties.--Not later than 60 days after a major disaster, the Commission shall begin an investigation to determine if the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by such disaster, for which the Corps was legally responsible. (2) Interim duties.--Not later than 12 months after a major disaster, the Committee shall complete its investigation under paragraph (1). (3) Report.--Not later than 15 months after a major disaster, the Commission shall submit a report to the Secretary of the Army and the Secretary of the Department of Homeland Security regarding the findings of its investigation. (c) Membership.--The Commission shall be composed of 7 members appointed by the President by and with the consent of the Senate. (d) Qualifications.--In appointing individuals to the Commission, the President shall consider-- (1) for appointment individuals who are experts in the field of civil engineering, water management, flood protection, or in another related area; (2) the appointment of not more than 2 members who have ever worked for the Army Corps of Engineers; (3) no appointment of a current employee of the Army Corps of Engineers or the Department of Homeland Security. (e) Terms of Appointment.--Each member shall be appointed for a term of 5 years and terms may be renewed for an unlimited number of additional 5-year terms. (f) Quorum.--At least 3 members of the Commission are necessary to conduct an investigation after a major disaster and to make a determination regarding the failure or negligence of the Corps in designing, constructing, or maintaining a project for which it is legally responsible. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Meetings.--No later than 60 days after the occurrence of a major disaster, the members shall convene and begin its investigation and may meet as often as the members consider necessary during the 12- month period following the major disaster. (i) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission The attendance of witnesses and the production of evidence may be required from any place within at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any Federal court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.] (j) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 4. TIME FOR COMMENCING ACTION AGAINST THE CORPS. Every civil action commenced against the Army Corps of Engineers under section 2(a) shall be barred unless the complaint is filed with 18 months after the earlier of the date in which-- (1) the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible; or (2) an independent commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. SEC. 5. NO STANDING. No State or local government shall have standing to bring an action under this Act. No insurance company shall have standing to bring an action under this Act to the extent that such insurance company's claim is founded in indemnity or recovery of claims the company has paid. SEC. 6. BENEFITS. A court shall not hear evidence or reduce an award made under this Act for any amounts the claimant received from another party for injury or damages sustained in a major disaster proximately caused by the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project, adversely impacted by a major disaster, for which the Corps is legally responsible. SEC. 7. NO SUBROGATION. An insurance company shall not have the right to seek subrogation for a claim. SEC. 8. MOTION FOR MANDAMUS. If the Commission fails to meet the deadlines specified in this Act, a claimant may bring a motion to seek mandamus against the Commission. SEC. 9. DEFINITIONS. For purposes of this Act the following terms apply: (1) The term ``Commission'' means the Federal Engineering Accountability Commission established under section 3. (2) The term ``Corps'' means the Army Corps of Engineers. (3) The term ``major disaster'' has the same meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

Federal Engineering Accountability Act of 2006 - Provides that an action may be brought only in federal court for actual, not punitive, damages against the Army Corps of Engineers for its failure or negligence to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Establishes the Federal Engineering Accountability Commission to determine the Corps' failure or negligence after such a disaster and to report to the Secretary of the Army and the Secretary of Homeland Security. Permits such an action for injury, loss of property, personal injury, or death to proceed only if a claimant can demonstrate that: (1) the Corps admitted that it failed or was negligent. Or (2) the Commission determines that the Corps failed or was negligent.

To provide an option to proceed with an action in any Federal court to recover actual damages for physical or property damage in a major disaster that proximately results from the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project for which the Corps is legally responsible.

8,544

811

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Engineering Accountability Act of 2006". <SECTION-HEADER> CIVIL LIABILITY. In General. Notwithstanding section 2680(a) of title 28, United States Code, and section 3 of the Flood Control Act of 1928 , and subject to subsection (b), an action may be brought only in a Federal court for actual, not punitive, damages against the Army Corps of Engineers for the failure or negligence by the Corps to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Determination of Liability. An action brought under subsection for monetary damages for injury or loss of property, or personal injury or death may proceed only if a claimant can demonstrate that the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible. Or the independent Commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. <SECTION-HEADER> COMMISSION. Establishment. There is hereby established a Commission to be known as the Federal Engineering Accountability Commission. Duties. Initial duties. Not later than 60 days after a major disaster, the Commission shall begin an investigation to determine if the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by such disaster, for which the Corps was legally responsible. Interim duties. Not later than 12 months after a major disaster, the Committee shall complete its investigation under paragraph (1). Report. Not later than 15 months after a major disaster, the Commission shall submit a report to the Secretary of the Army and the Secretary of the Department of Homeland Security regarding the findings of its investigation. Membership. The Commission shall be composed of 7 members appointed by the President by and with the consent of the Senate. Qualifications. In appointing individuals to the Commission, the President shall consider for appointment individuals who are experts in the field of civil engineering, water management, flood protection, or in another related area. The appointment of not more than 2 members who have ever worked for the Army Corps of Engineers. No appointment of a current employee of the Army Corps of Engineers or the Department of Homeland Security. Terms of Appointment. Each member shall be appointed for a term of 5 years and terms may be renewed for an unlimited number of additional 5-year terms. Quorum. At least 3 members of the Commission are necessary to conduct an investigation after a major disaster and to make a determination regarding the failure or negligence of the Corps in designing, constructing, or maintaining a project for which it is legally responsible. Travel Expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. Meetings. No later than 60 days after the occurrence of a major disaster, the members shall convene and begin its investigation and may meet as often as the members consider necessary during the 12- month period following the major disaster. Subpoena Power. In general. The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission The attendance of witnesses and the production of evidence may be required from any place within at any designated place of hearing within the United States. Failure to obey a subpoena. If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. Service of subpoenas. The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. Service of process. All process of any Federal court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. Immunity. Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. <SECTION-HEADER> TIME FOR COMMENCING ACTION AGAINST THE CORPS. Every civil action commenced against the Army Corps of Engineers under section 2(a) shall be barred unless the complaint is filed with 18 months after the earlier of the date in which the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible. Or an independent commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. <SECTION-HEADER> NO STANDING. No State or local government shall have standing to bring an action under this Act. No insurance company shall have standing to bring an action under this Act to the extent that such insurance company's claim is founded in indemnity or recovery of claims the company has paid. <SECTION-HEADER> BENEFITS. A court shall not hear evidence or reduce an award made under this Act for any amounts the claimant received from another party for injury or damages sustained in a major disaster proximately caused by the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project, adversely impacted by a major disaster, for which the Corps is legally responsible. <SECTION-HEADER> NO SUBROGATION. An insurance company shall not have the right to seek subrogation for a claim. <SECTION-HEADER> MOTION FOR MANDAMUS. If the Commission fails to meet the deadlines specified in this Act, a claimant may bring a motion to seek mandamus against the Commission. <SECTION-HEADER> DEFINITIONS. For purposes of this Act the following terms apply: The term "Commission" means the Federal Engineering Accountability Commission established under section 3. The term "Corps" means the Army Corps of Engineers. The term "major disaster" has the same meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act .

Federal Engineering Accountability Act of 2006 - Provides that an action may be brought only in federal court for actual, not punitive, damages against the Army Corps of Engineers for its failure or negligence to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Establishes the Federal Engineering Accountability Commission to determine the Corps' failure or negligence after such a disaster and to report to the Secretary of the Army and the Secretary of Homeland Security. Permits such an action for injury, loss of property, personal injury, or death to proceed only if a claimant can demonstrate that: (1) the Corps admitted that it failed or was negligent. Or (2) the Commission determines that the Corps failed or was negligent.

To provide an option to proceed with an action in any Federal court to recover actual damages for physical or property damage in a major disaster that proximately results from the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project for which the Corps is legally responsible.

106_hr1820

SECTION 1. REVISION OF TITLE XII. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``SEC. 12001. FINDINGS. ``The Congress finds the following: ``(1) There are 52,700,000 students in 88,223 elementary and secondary schools across the United States. The current Federal expenditure for education infrastructure is $12,000,000. The Federal expenditure per enrolled student for education infrastructure is 23 cents. An appropriation of $22,000,000,000 would result in a Federal expenditure for education infrastructure of $417 per student per fiscal year. ``(2) The General Accounting Office in 1995 reported that the Nation's elementary and secondary schools need approximately $112,000,000,000 to repair or upgrade facilities. Increased enrollments and continued building decay has raised this need to an estimated $200,000,000,000. Local education agencies, particularly those in central cities or those with high minority populations, cannot obtain adequate financial resources to complete necessary repairs or construction. These local education agencies face an annual struggle to meet their operating budgets. ``(3) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings need to be replaced. Almost one-third of such buildings were built prior to World War II. ``(4) The majority of the schools in unsatisfactory condition are concentrated in central cities and serve large populations of poor or minority students. ``(5) In the large cities of America, numerous schools still have polluting coal burning furnaces. Decaying buildings threaten the health, safety, and learning opportunities of students. A growing body of research has linked student achievement and behavior to the physical building conditions and overcrowding. Asthma and other respiratory illnesses exist in above average rates in areas of coal burning pollution. ``(6) According to a study conducted by the General Accounting Office in 1995, most schools are unprepared in critical areas for the 21st century. Most schools do not fully use modern technology and lack access to the information superhighway. Schools in central cities and schools with minority populations above 50 percent are more likely to fall short of adequate technology elements and have a greater number of unsatisfactory environmental conditions than other schools. ``(7) School facilities such as libraries and science laboratories are inadequate in old buildings and have outdated equipment. Frequently, in overcrowded schools, these same facilities are utilized as classrooms for an expanding school population. ``(8) Overcrowded classrooms have a dire impact on learning. Students in overcrowded schools score lower on both mathematics and reading exams than do students in schools with adequate space. In addition, overcrowding in schools negatively affects both classroom activities and instructional techniques. Overcrowding also disrupts normal operating procedures, such as lunch periods beginning as early as 10 a.m. and extending into the afternoon; teachers being unable to use a single room for an entire day; too few lockers for students, and jammed hallways and restrooms which encourage disorder and rowdy behavior. ``(9) School modernization for information technology is an absolute necessity for education for a coming CyberCivilization. The General Accounting Office has reported that many schools are not using modern technology and many students do not have access to facilities that can support education into the 21st century. It is imperative that we now view computer literacy as basic as reading, writing, and arithmetic. ``(10) Both the national economy and national security require an investment in school construction. Students educated in modern, safe, and well-equipped schools will contribute to the continued strength of the American economy and will ensure that our Armed Forces are the best trained and best prepared in the world. The shortage of qualified information technology workers continues to escalate and presently many foreign workers are being recruited to staff jobs in America. Military manpower shortages of personnel capable of operating high tech equipment are already acute in the Navy and increasing in other branches of the Armed Forces. ``SEC. 12002. PURPOSE. The purpose of this title is to provide Federal funds to enable local educational agencies to finance the costs associated with the construction, repair, and modernization for information technology of school facilities within their jurisdictions. ``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS. ``(a) Authority and Conditions for Grants.-- ``(1) In general.--To assist in the construction, reconstruction, renovation, or modernization for information technology of elementary and secondary schools, the Secretary shall make grants of funds to State educational agencies for the construction, reconstruction, or renovation, or for modernization for information technology, of such schools. ``(2) Formula for allocation.--From the amount appropriated under section 12006 for any fiscal year, the Secretary shall allocate to each State an amount that bears the same ratio to such appropriated amount as the number of school-age children in such State bears to the total number of school-age children in all the States. The Secretary shall determine the number of school-age children on the basis of the most recent satisfactory data available to the Secretary. ``(b) Conditions for Receipt of Grants.-- ``(1) Applications.--In order to receive a grant under this title, a State shall submit to the Secretary an application containing or accompanied by such information and assurances as the Secretary may require. Such applications shall specify the method by which the State educational agency will allocate funds to local educational agencies and the procedures by which projects will be selected for funding. Such applications shall contain assurances that such funds will only be provided if the State educational agency finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction, renovation, or modernization is not or will not be of elaborate or extravagant design or materials. ``(2) Priorities.--In approving projects for funding under this title, the State educational agency shall consider-- ``(A) the threat the condition of the physical plant poses to the safety and well-being of students; ``(B) the demonstrated need for the construction, reconstruction, renovation, or modernization as based on the condition of the facility; ``(C) the age of the facility to be renovated or replaced; and ``(D) the needs related to preparation for modern technology. ``(c) Amount and Condition of Grants.--A grant to a local educational agency may be in an amount not exceeding the total cost of the facility construction, reconstruction, renovation, or modernization for information technology, as determined by the State educational agency. ``SEC. 12004. GENERAL PROVISIONS. ``The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on any project assisted under this part-- ``(1) shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with the Act of March 31, 1931 (Davis-Bacon Act), as amended; and ``(2) shall be employed not more than 40 hours in any 1 week unless the employee receives wages for the employee's employment in excess of the hours specified in paragraph (1) at a rate not less than one and one-half times the regular rate at which the employee is employed; but the Secretary may waive the application of this subsection in cases or classes or cases where laborers or mechanics, not otherwise employed at any time in the construction of such project, voluntarily donate their services without full compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts saved thereby are full credited to the educational institution undertaking the construction. ``SEC. 12005. DEFINITIONS. ``As used in this title: ``(1) School.--The term `school' means structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. ``(2) State.--The term State includes the several States of the United States and the District of Columbia. ``SEC. 12006. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title, $22,000,000,000 for fiscal year 2000 and a sum no less than this amount for each of the 4 succeeding fiscal years.''.

Amends title XII of the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, or renovation, or for modernization of information technology for such schools. Sets forth wage requirements for such projects, including Davis- Bacon Act compliance and overtime. But allows exceptions for certain workers who voluntarily donate their services without full compensation. Authorizes appropriations.

To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools.

10,294

532

<SECTION-HEADER> REVISION OF TITLE XII. Title XII of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "Section 12001. FINDINGS. "The Congress finds the following: There are 52,700,000 students in 88,223 elementary and secondary schools across the United States. The current Federal expenditure for education infrastructure is $12,000,000. The Federal expenditure per enrolled student for education infrastructure is 23 cents. An appropriation of $22,000,000,000 would result in a Federal expenditure for education infrastructure of $417 per student per fiscal year. The General Accounting Office in 1995 reported that the Nation's elementary and secondary schools need approximately $112,000,000,000 to repair or upgrade facilities. Increased enrollments and continued building decay has raised this need to an estimated $200,000,000,000. Local education agencies, particularly those in central cities or those with high minority populations, cannot obtain adequate financial resources to complete necessary repairs or construction. These local education agencies face an annual struggle to meet their operating budgets. According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings need to be replaced. Almost one-third of such buildings were built prior to World War II. The majority of the schools in unsatisfactory condition are concentrated in central cities and serve large populations of poor or minority students. In the large cities of America, numerous schools still have polluting coal burning furnaces. Decaying buildings threaten the health, safety, and learning opportunities of students. A growing body of research has linked student achievement and behavior to the physical building conditions and overcrowding. Asthma and other respiratory illnesses exist in above average rates in areas of coal burning pollution. According to a study conducted by the General Accounting Office in 1995, most schools are unprepared in critical areas for the 21st century. Most schools do not fully use modern technology and lack access to the information superhighway. Schools in central cities and schools with minority populations above 50 percent are more likely to fall short of adequate technology elements and have a greater number of unsatisfactory environmental conditions than other schools. School facilities such as libraries and science laboratories are inadequate in old buildings and have outdated equipment. Frequently, in overcrowded schools, these same facilities are utilized as classrooms for an expanding school population. Overcrowded classrooms have a dire impact on learning. Students in overcrowded schools score lower on both mathematics and reading exams than do students in schools with adequate space. In addition, overcrowding in schools negatively affects both classroom activities and instructional techniques. Overcrowding also disrupts normal operating procedures, such as lunch periods beginning as early as 10 a. m. and extending into the afternoon. Teachers being unable to use a single room for an entire day. Too few lockers for students, and jammed hallways and restrooms which encourage disorder and rowdy behavior. School modernization for information technology is an absolute necessity for education for a coming CyberCivilization. The General Accounting Office has reported that many schools are not using modern technology and many students do not have access to facilities that can support education into the 21st century. It is imperative that we now view computer literacy as basic as reading, writing, and arithmetic. Both the national economy and national security require an investment in school construction. Students educated in modern, safe, and well-equipped schools will contribute to the continued strength of the American economy and will ensure that our Armed Forces are the best trained and best prepared in the world. The shortage of qualified information technology workers continues to escalate and presently many foreign workers are being recruited to staff jobs in America. Military manpower shortages of personnel capable of operating high tech equipment are already acute in the Navy and increasing in other branches of the Armed Forces. "Section 12002. PURPOSE. The purpose of this title is to provide Federal funds to enable local educational agencies to finance the costs associated with the construction, repair, and modernization for information technology of school facilities within their jurisdictions. "Section 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS. Authority and Conditions for Grants. In general. To assist in the construction, reconstruction, renovation, or modernization for information technology of elementary and secondary schools, the Secretary shall make grants of funds to State educational agencies for the construction, reconstruction, or renovation, or for modernization for information technology, of such schools. Formula for allocation. From the amount appropriated under section 12006 for any fiscal year, the Secretary shall allocate to each State an amount that bears the same ratio to such appropriated amount as the number of school-age children in such State bears to the total number of school-age children in all the States. The Secretary shall determine the number of school-age children on the basis of the most recent satisfactory data available to the Secretary. Conditions for Receipt of Grants. Applications. In order to receive a grant under this title, a State shall submit to the Secretary an application containing or accompanied by such information and assurances as the Secretary may require. Such applications shall specify the method by which the State educational agency will allocate funds to local educational agencies and the procedures by which projects will be selected for funding. Such applications shall contain assurances that such funds will only be provided if the State educational agency finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction, renovation, or modernization is not or will not be of elaborate or extravagant design or materials. Priorities. In approving projects for funding under this title, the State educational agency shall consider the threat the condition of the physical plant poses to the safety and well-being of students. The demonstrated need for the construction, reconstruction, renovation, or modernization as based on the condition of the facility, the age of the facility to be renovated or replaced. And the needs related to preparation for modern technology. Amount and Condition of Grants. A grant to a local educational agency may be in an amount not exceeding the total cost of the facility construction, reconstruction, renovation, or modernization for information technology, as determined by the State educational agency. "Section 12004. GENERAL PROVISIONS. "The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on any project assisted under this part shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with the Act of March 31, 1931 , as amended. And shall be employed not more than 40 hours in any 1 week unless the employee receives wages for the employee's employment in excess of the hours specified in paragraph (1) at a rate not less than one and one-half times the regular rate at which the employee is employed. But the Secretary may waive the application of this subsection in cases or classes or cases where laborers or mechanics, not otherwise employed at any time in the construction of such project, voluntarily donate their services without full compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts saved thereby are full credited to the educational institution undertaking the construction. "Section 12005. DEFINITIONS. "As used in this title: School. The term `school' means structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. State. The term State includes the several States of the United States and the District of Columbia. "Section 12006. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this title, $22,000,000,000 for fiscal year 2000 and a sum no less than this amount for each of the 4 succeeding fiscal years.".

Amends title XII of the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, or renovation, or for modernization of information technology for such schools. Sets forth wage requirements for such projects, including Davis- Bacon Act compliance and overtime. But allows exceptions for certain workers who voluntarily donate their services without full compensation. Authorizes appropriations.

To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools.

112_s90

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family-Friendly Employer Award Act''. SEC. 2. DEFINITIONS. In this Act: (1) Employer.--The term ``employer''-- (A) means any person (as defined in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a))) engaged in commerce or in any industry or activity affecting commerce; and (B) includes any agency of a State, or political subdivision thereof. The term does not include the Government of the United States or any agency thereof. (2) Secretary.--The term ``Secretary'' means the Secretary of Defense. SEC. 3. ESTABLISHMENT OF MILITARY FAMILY-FRIENDLY EMPLOYER AWARD. (a) In General.--There is established in the Department of Defense an annual award to be known as the Military Family-Friendly Employer Award (hereafter referred to in this Act as the ``Award'') for employers that have developed and implemented workplace flexibility policies and practices-- (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment, so that the needs of the home may be addressed during and after such deployments; and (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. (b) Plaque.--The Award shall be evidenced by a plaque bearing the title ``Military Family-Friendly Employer Award''. (c) Application.-- (1) In general.--An employer desiring consideration for an Award shall submit an application to the Secretary at such time, in such manner, and containing such information as such Secretary may require. (2) Reapplication.--An employer may reapply for an Award, regardless of whether the employer has been a previous recipient of such Award. (d) Display on Web Site.--The Secretary shall make publically available on its Internet Web site the names of each recipient of the Award. (e) Presentation of Award.--The Secretary (or the Secretary's designee) shall present annually the Award to employers under this section. SEC. 4. MILITARY FAMILY-FRIENDLY SPECIAL TASK FORCE. (a) Establishment.--There is established within the Department of Defense a Military Family-Friendly Special Task Force (hereafter referred to in this Act as the ``Task Force''). (b) Composition.-- (1) In general.--The Task Force shall be composed of 9 members to be appointed as follows: (A) The Secretary shall appoint one individual to serve as the chairperson of the Task Force. (B) The Secretary, in consultation with the Secretary of Labor and based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint-- (i) two members who shall be work-life experts; and (ii) two members who shall be representatives of the general business community. (C) The Secretary, based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint-- (i) two members who shall be experts on the Armed Forces; and (ii) two members who shall be representatives of families with one or more members serving in the Armed Forces. (2) Qualifications.--In appointing members of the Task Force the Secretary shall ensure-- (A) that such members are individuals with knowledge and experience in workplace flexibility policies as such policies relate to services in and support for the Armed Forces; (B) that not more than 2 members appointed under paragraph (1)(B) are from the same political party; and (C) that not more than 2 members appointed under paragraph (1)(C) are from the same political party. (3) Terms.-- (A) In general.--Except as provided under subparagraphs (B) and (C), each member of the Task Force shall be appointed for 2 years and may be reappointed. (B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members of the Task Force first appointed, 4 shall each be appointed for a 1-year term and the remainder shall each be appointed for a 2-year term. (C) Vacancies.--Any member of the Task Force appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (4) Limitation.--The Secretary may not appoint any Member of Congress to the Task Force. (c) Duties.--The Task Force shall-- (1) develop and review military-centered questions for integration into the award model for determining which applicant employers should receive an Award; (2) determine how such questions should be weighed in making Award determinations what threshold should be used as the minimum for making such Awards; (3) review responses to a sample of such questions posed as part of any questionnaire used for purposes of making such Awards; (4) consider private sector award models such as the Malcolm Baldrige National Quality Award or the Alfred P. Sloan Award for Business Excellence in Workplace Flexibility; (5) determine criteria for the delivery of the Award; and (6) carry out any other activities determined appropriate by the Secretary. (d) Operations.-- (1) Meetings.-- (A) In general.--Except for the initial meeting of the Task Force under subparagraph (B), the Task Force shall meet at the call of the chairperson or a majority of its members. (B) Initial meeting.--The Task Force shall conduct its first meeting not later than 90 days after the appointment of all of its members. (2) Voting and rules.--A majority of members of the Task Force shall constitute a quorum to conduct business. The Task Force may establish by majority vote any other rules for the conduct of the business of the Task Force, if such rules are not inconsistent with this section or other applicable law. (3) Compensation and travel.--All members of the Task Force shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Task Force. The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. SEC. 5. REGULATIONS. The Secretary may prescribe regulations to carry out the purposes of this Act.

Military Family-Friendly Employer Award Act - Establishes in the Department of Defense (DOD) an annual award to be known as the Military Family-Friendly Employer Award (Award) for non-federal employers who have developed and implemented workplace flexibility policies and practices: (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment. And (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. Establishes in DOD a Military Family-Friendly Special Task Force to provide specified assistance in the making of such Awards.

A bill to establish the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies to assist the working spouses and caregivers of service members, and returning service members, in addressing family and home needs during deployments.

8,516

691

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Military Family-Friendly Employer Award Act". <SECTION-HEADER> DEFINITIONS. In this Act: Employer. The term "employer" means any person (as defined in section 3(a) of the Fair Labor Standards Act of 1938 (29 USC. 202(a))) engaged in commerce or in any industry or activity affecting commerce. And includes any agency of a State, or political subdivision thereof. The term does not include the Government of the United States or any agency thereof. Secretary. The term "Secretary" means the Secretary of Defense. <SECTION-HEADER> ESTABLISHMENT OF MILITARY FAMILY-FRIENDLY EMPLOYER AWARD. In General. There is established in the Department of Defense an annual award to be known as the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies and practices to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment, so that the needs of the home may be addressed during and after such deployments. And that reflect a deep awareness and commitment in response to the needs of the military family unit. Plaque. The Award shall be evidenced by a plaque bearing the title "Military Family-Friendly Employer Award". Application. In general. An employer desiring consideration for an Award shall submit an application to the Secretary at such time, in such manner, and containing such information as such Secretary may require. Reapplication. An employer may reapply for an Award, regardless of whether the employer has been a previous recipient of such Award. Display on Web Site. The Secretary shall make publically available on its Internet Web site the names of each recipient of the Award. Presentation of Award. The Secretary shall present annually the Award to employers under this section. <SECTION-HEADER> MILITARY FAMILY-FRIENDLY SPECIAL TASK FORCE. Establishment. There is established within the Department of Defense a Military Family-Friendly Special Task Force . Composition. In general. The Task Force shall be composed of 9 members to be appointed as follows: The Secretary shall appoint one individual to serve as the chairperson of the Task Force. The Secretary, in consultation with the Secretary of Labor and based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint two members who shall be work-life experts. And two members who shall be representatives of the general business community. The Secretary, based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint two members who shall be experts on the Armed Forces. And two members who shall be representatives of families with one or more members serving in the Armed Forces. Qualifications. In appointing members of the Task Force the Secretary shall ensure that such members are individuals with knowledge and experience in workplace flexibility policies as such policies relate to services in and support for the Armed Forces. That not more than 2 members appointed under paragraph (1)(B) are from the same political party. And that not more than 2 members appointed under paragraph (1)(C) are from the same political party. Terms. In general. Except as provided under subparagraphs (B) and (C), each member of the Task Force shall be appointed for 2 years and may be reappointed. Terms of initial appointees. As designated by the Secretary at the time of appointment, of the members of the Task Force first appointed, 4 shall each be appointed for a 1-year term and the remainder shall each be appointed for a 2-year term. Vacancies. Any member of the Task Force appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. Limitation. The Secretary may not appoint any Member of Congress to the Task Force. Duties. The Task Force shall develop and review military-centered questions for integration into the award model for determining which applicant employers should receive an Award. Determine how such questions should be weighed in making Award determinations what threshold should be used as the minimum for making such Awards. Review responses to a sample of such questions posed as part of any questionnaire used for purposes of making such Awards. Consider private sector award models such as the Malcolm Baldrige National Quality Award or the Alfred P. Sloan Award for Business Excellence in Workplace Flexibility, determine criteria for the delivery of the Award. And carry out any other activities determined appropriate by the Secretary. Operations. Meetings. In general. Except for the initial meeting of the Task Force under subparagraph (B), the Task Force shall meet at the call of the chairperson or a majority of its members. Initial meeting. The Task Force shall conduct its first meeting not later than 90 days after the appointment of all of its members. Voting and rules. A majority of members of the Task Force shall constitute a quorum to conduct business. The Task Force may establish by majority vote any other rules for the conduct of the business of the Task Force, if such rules are not inconsistent with this section or other applicable law. Compensation and travel. All members of the Task Force shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which such member is engaged in the performance of duties of the Task Force. The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. <SECTION-HEADER> REGULATIONS. The Secretary may prescribe regulations to carry out the purposes of this Act.

Military Family-Friendly Employer Award Act - Establishes in the Department of Defense (DOD) an annual award to be known as the Military Family-Friendly Employer Award (Award) for non-federal employers who have developed and implemented workplace flexibility policies and practices: (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment. And (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. Establishes in DOD a Military Family-Friendly Special Task Force to provide specified assistance in the making of such Awards.

A bill to establish the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies to assist the working spouses and caregivers of service members, and returning service members, in addressing family and home needs during deployments.

112_s3491

SECTION 1. SHORT TITLE. This Act may be cited as the ``Qualifying Renewable Chemical Production Tax Credit Act of 2012''. SEC. 2. CREDIT FOR THE PRODUCTION OF RENEWABLE CHEMICALS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS. ``(a) In General.--For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount (determined separately for each renewable chemical produced by the taxpayer) equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. ``(b) Limitation.--The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). ``(c) Eligible Content.--For purposes of this section-- ``(1) In general.--The term `eligible content' means, with respect to any renewable chemical, the biobased content percentage of the total mass of organic carbon in such chemical. ``(2) Biobased content percentage.--The term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. ``(d) Renewable Chemical.--For purposes of this section-- ``(1) In general.--The term `renewable chemical' means any chemical which-- ``(A) is produced by the taxpayer in the United States (or in a territory or possession of the United States) from renewable biomass, ``(B) is sold, or used, by the taxpayer-- ``(i) for the production of polymers, plastics, or formulated products, or ``(ii) as polymers, plastics, or formulated products, and ``(C) is not sold or used for the production of any food, feed, or fuel. ``(2) Exceptions.--Such term shall not include any chemical if-- ``(A) the biobased content percentage of such chemical is less than 25 percent, ``(B) 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, ``(C) such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or ``(D) such chemical is composed of renewable chemicals that are eligible for a credit under this section. ``(3) Renewable biomass.--The term `renewable biomass' has the meaning given such term in section 9001(12) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101(12)). ``(e) Allocation of Credit Amounts.-- ``(1) In general.--Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. ``(2) Limitations.-- ``(A) Aggregate limitation.--The total amount of credits that may be allocated under such program shall not exceed $500,000,000. ``(B) Taxpayer limitation.--The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. ``(3) Selection criteria.--In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration-- ``(A) the number of jobs created and maintained (directly and indirectly) in the United States (including territories and possessions of the United States) as result of such allocation during the credit period and thereafter, ``(B) the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, ``(C) the technological innovation involved in the production method of the renewable chemical, ``(D) the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and ``(E) whether there is a reasonable expectation of commercial viability. ``(4) Redistribution.--If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical (determined without regard to this paragraph) exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer's return for such taxable year-- ``(A) the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer's return, and ``(B) such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). ``(5) Disclosure of allocations.--The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. ``(f) Termination.--Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.''. (b) Credit To Be Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renewable chemicals production credit determined under section 45S(a).''. (2) Credit allowable against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for production of renewable chemicals.''. (d) Effective Date.--The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date.

Qualifying Renewable Chemical Production Tax Credit Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. Defines renewable chemical as any chemical that is: (1) produced in the United States from renewable biomass. (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products. And (3) not sold or used for the production of any food, feed, or fuel. Exempts certain chemicals, including those with a biobased content of less than 25. Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year.

A bill to cut taxes for innovative businesses that produce renewable chemicals.

8,305

838

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Qualifying Renewable Chemical Production Tax Credit Act of 2012". <SECTION-HEADER> CREDIT FOR THE PRODUCTION OF RENEWABLE CHEMICALS. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 45S. CREDIT FOR PRODUCTION OF RENEWABLE CHEMICALS. In General. For purposes of section 38, the renewable chemicals production credit for any taxable year is an amount equal to $0.15 per pound of eligible content of renewable chemical produced by the taxpayer during the taxable year. Limitation. The credit determined under subsection (a) with respect to any renewable chemical produced by any taxpayer during any taxable year shall not exceed the credit amount allocated by the Secretary to the taxpayer with respect to such chemical for such taxable year under subsection (e). Eligible Content. For purposes of this section In general. The term `eligible content' means, with respect to any renewable chemical, the biobased content percentage of the total mass of organic carbon in such chemical. Biobased content percentage. The term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866. Renewable Chemical. For purposes of this section In general. The term `renewable chemical' means any chemical which is produced by the taxpayer in the United States from renewable biomass, is sold, or used, by the taxpayer for the production of polymers, plastics, or formulated products, or as polymers, plastics, or formulated products, and is not sold or used for the production of any food, feed, or fuel. Exceptions. Such term shall not include any chemical if the biobased content percentage of such chemical is less than 25 percent, 10,000,000 pounds or more of such chemical was produced during calendar year 2000 from renewable biomass, such chemical is not either the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass, or such chemical is composed of renewable chemicals that are eligible for a credit under this section. Renewable biomass. The term `renewable biomass' has the meaning given such term in section 9001(12) of the Farm Security and Rural Investment Act of 2002 (7 USC. 8101(12)). Allocation of Credit Amounts. In general. Not later than 180 days after enactment of this section, the Secretary, in consultation with the Secretary of Agriculture, shall establish a program to allocate credit amounts under this section to applicants for taxable years. Limitations. Aggregate limitation. The total amount of credits that may be allocated under such program shall not exceed $500,000,000. Taxpayer limitation. The amount of credits that may be allocated to any taxpayer for any taxable year under such program shall not exceed $25,000,000. For purposes of the preceding sentence, all persons treated as a single employer under subsection (a) or of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. Selection criteria. In determining which taxpayers to make allocations of credit amount under this section, the Secretary shall take into consideration the number of jobs created and maintained in the United States as result of such allocation during the credit period and thereafter, the degree to which the production of the renewable chemical demonstrates reduced dependence on imported feedstocks, petroleum, non-renewable resources, or other fossil fuels, the technological innovation involved in the production method of the renewable chemical, the energy efficiency and reduction in lifecycle greenhouse gases of the renewable chemical or of the production method of the renewable chemical, and whether there is a reasonable expectation of commercial viability. Redistribution. If a credit amount allocated to a taxpayer for a taxable year with respect to any renewable chemical exceeds the amount of the credit with respect to such chemical determined under this section on the taxpayer's return for such taxable year the credit amount allocated to such taxpayer for such taxable year with respect to such renewable chemical shall be treated as being the amount so determined on the taxpayer's return, and such excess may be reallocated by the Secretary consistent with the requirements of paragraphs (2)(B) and (3). Disclosure of allocations. The Secretary shall, upon making an allocation of credit amount under this section, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. Termination. Notwithstanding any other provision of this section, the Secretary may not allocate any credit amount under this section to any taxable year which begins more than 5 years after the date of the enactment of this section.". Credit To Be Part of General Business Credit. In general. Subsection (b) of section 38 of such Code is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ", plus", and by adding at the end the following new paragraph: the renewable chemicals production credit determined under section 45S(a).". Credit allowable against alternative minimum tax. Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: the credit determined under section 45S,". Clerical Amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Section 45S. Credit for production of renewable chemicals.". Effective Date. The amendments made by this section shall apply to chemicals produced after the date of the enactment of this Act, in taxable years ending after such date.

Qualifying Renewable Chemical Production Tax Credit Act of 2012 - Amends the Internal Revenue Code to allow a business-related tax credit for the production of renewable chemicals. Defines renewable chemical as any chemical that is: (1) produced in the United States from renewable biomass. (2) sold or used by the taxpayer as polymers, plastics, or formulated products or for the production of polymers, plastics, or formulated products. And (3) not sold or used for the production of any food, feed, or fuel. Exempts certain chemicals, including those with a biobased content of less than 25. Directs the Secretary of Agriculture to establish a five-year program to allocate credit amounts. Limits the total amount of allocable credits under such program to $500 million, with a limit of $25 million to any taxpayer in any taxable year.

A bill to cut taxes for innovative businesses that produce renewable chemicals.

104_s170

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome Prevention Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Fetal Alcohol Syndrome is the leading known cause of mental retardation, and it is 100 percent preventable; (2) each year, more than 5,000 infants are born in the United States with Fetal Alcohol Syndrome, suffering irreversible physical and mental damage; (3) thousands more infants are born each year with Fetal Alcohol Effects, which are lesser, though still serious, alcohol-related birth defects; (4) Fetal Alcohol Syndrome and Fetal Alcohol Effects are national problems which can impact any child, family, or community, but their threat to American Indians and Alaska Natives is especially alarming; (5) in some American Indian communities, where alcohol dependency rates reach 50 percent and above, the chances of a newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effects are 30 times greater than national averages; (6) in addition to the immeasurable toll on children and their families, Fetal Alcohol Syndrome and Fetal Alcohol Effects pose extraordinary financial costs to the Nation, including the costs of health care, education, foster care, job training, and general support services for affected individuals; (7) as a reliable comparison, delivery and care costs are four times greater for infants who were exposed to illicit substances than for infants with no indication of substance exposure, and over a lifetime, health care costs for one Fetal Alcohol Syndrome child are estimated to be at least $1,400,000; (8) researchers have determined that the possibility of giving birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effects increases in proportion to the amount and frequency of alcohol consumed by a pregnant woman, and that stopping alcohol consumption at any point in the pregnancy reduces the risks and the emotional, physical, and mental consequences of alcohol exposure to the baby; and (9) we know of no safe dose of alcohol during pregnancy, or of any safe time to drink during pregnancy, thus, it is in the best interest of the Nation for the Federal Government to take an active role in encouraging all women to abstain from alcohol consumption during pregnancy. SEC. 3. PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such program shall-- (1) coordinate, support, and conduct basic and applied epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; (2) coordinate, support, and conduct national, State, and community-based public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects; and (3) foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. SEC. 4. ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end thereof the following new part: ``PART O--FETAL ALCOHOL SYNDROME PREVENTION PROGRAM ``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION PROGRAM. ``(a) Fetal Alcohol Syndrome Prevention Program.--The Secretary shall establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program that shall include-- ``(1) an education and public awareness program to-- ``(A) support, conduct, and evaluate the effectiveness of-- ``(i) training programs concerning the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(ii) prevention and education programs, including school health education and school- based clinic programs for school-age children, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(iii) public and community awareness programs concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(B) provide technical and consultative assistance to States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations concerning the programs referred to in subparagraph (A); and ``(C) award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of-- ``(i) evaluating the effectiveness, with particular emphasis on the cultural competency and age-appropriateness, of programs referred to in subparagraph (A); ``(ii) providing training in the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(iii) educating school-age children, including pregnant and high-risk youth, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, with priority given to programs that are part of a sequential, comprehensive school health education program; and ``(iv) increasing public and community awareness concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects through culturally competent projects, programs, and campaigns, and improving the understanding of the general public and targeted groups concerning the most effective intervention methods to prevent fetal exposure to alcohol; ``(2) an applied epidemiologic research and prevention program to-- ``(A) support and conduct research on the causes, mechanisms, diagnostic methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(B) provide technical and consultative assistance and training to States, Tribal governments, local governments, scientific and academic institutions, and nonprofit organizations engaged in the conduct of-- ``(i) Fetal Alcohol Syndrome prevention and early intervention programs; and ``(ii) research relating to the causes, mechanisms, diagnosis methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(C) award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of-- ``(i) conducting innovative demonstration and evaluation projects designed to determine effective strategies, including community-based prevention programs and multicultural education campaigns, for preventing and intervening in fetal exposure to alcohol; ``(ii) improving and coordinating the surveillance and ongoing assessment methods implemented by such entities and the Federal Government with respect to Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(iii) developing and evaluating effective age-appropriate and culturally competent prevention programs for children, adolescents, and adults identified as being at-risk of becoming chemically dependent on alcohol and associated with or developing Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(iv) facilitating coordination and collaboration among Federal, State, local government, Indian tribal, and community-based Fetal Alcohol Syndrome prevention programs; ``(3) a basic research program to support and conduct basic research on services and effective prevention treatments and interventions for pregnant alcohol-dependent women and individuals with Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(4) a procedure for disseminating the Fetal Alcohol Syndrome and Fetal Alcohol Effects diagnostic criteria developed pursuant to section 705 of the ADAMHA Reorganization Act (42 U.S.C. 485n note) to health care providers, educators, social workers, child welfare workers, and other individuals; and ``(5) the establishment, in accordance with subsection (b), of an interagency task force on Fetal Alcohol Syndrome and Fetal Alcohol Effects to foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance, and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. ``(b) Interagency Task Force.-- ``(1) Membership.--The Task Force established pursuant to paragraph (5) of subsection (a) shall-- ``(A) be chaired by the Secretary or a designee of the Secretary, and staffed by the Administration; and ``(B) include representatives from all relevant agencies and offices within the Department of Health and Human Services, the Department of Agriculture, the Department of Education, the Department of Defense, the Department of the Interior, the Department of Justice, the Department of Veterans Affairs, the Bureau of Alcohol, Tobacco and Firearms, the Federal Trade Commission, and any other relevant Federal agency. ``(2) Functions.--The Task Force shall-- ``(A) coordinate all Federal programs and research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, including programs that-- ``(i) target individuals, families, and populations identified as being at risk of acquiring Fetal Alcohol Syndrome and Fetal Alcohol Effects; and ``(ii) provide health, education, treatment, and social services to infants, children, and adults with Fetal Alcohol Syndrome and Fetal Alcohol Effects; ``(B) coordinate its efforts with existing Department of Health and Human Services task forces on substance abuse prevention and maternal and child health; and ``(C) report on a biennial basis to the Secretary and relevant committees of Congress on the current and planned activities of the participating agencies. ``SEC. 399H. ELIGIBILITY. ``To be eligible to receive a grant, or enter into a cooperative agreement or contract under this part, an entity shall-- ``(1) be a State, Indian tribal government, local government, scientific or academic institution, or nonprofit organization; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe, including a description of the activities that the entity intends to carry out using amounts received under this part. ``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part, such sums as are necessary for each of the fiscal years 1995 through 1998.''.

Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education. Authorizes appropriations.

Comprehensive Fetal Alcohol Syndrome Prevention Act

13,944

625

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Comprehensive Fetal Alcohol Syndrome Prevention Act". <SECTION-HEADER> FINDINGS. Congress finds that Fetal Alcohol Syndrome is the leading known cause of mental retardation, and it is 100 percent preventable. Each year, more than 5,000 infants are born in the United States with Fetal Alcohol Syndrome, suffering irreversible physical and mental damage. Thousands more infants are born each year with Fetal Alcohol Effects, which are lesser, though still serious, alcohol-related birth defects. Fetal Alcohol Syndrome and Fetal Alcohol Effects are national problems which can impact any child, family, or community, but their threat to American Indians and Alaska Natives is especially alarming. In some American Indian communities, where alcohol dependency rates reach 50 percent and above, the chances of a newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effects are 30 times greater than national averages. In addition to the immeasurable toll on children and their families, Fetal Alcohol Syndrome and Fetal Alcohol Effects pose extraordinary financial costs to the Nation, including the costs of health care, education, foster care, job training, and general support services for affected individuals. As a reliable comparison, delivery and care costs are four times greater for infants who were exposed to illicit substances than for infants with no indication of substance exposure, and over a lifetime, health care costs for one Fetal Alcohol Syndrome child are estimated to be at least $1,400,000. Researchers have determined that the possibility of giving birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effects increases in proportion to the amount and frequency of alcohol consumed by a pregnant woman, and that stopping alcohol consumption at any point in the pregnancy reduces the risks and the emotional, physical, and mental consequences of alcohol exposure to the baby. And we know of no safe dose of alcohol during pregnancy, or of any safe time to drink during pregnancy, thus, it is in the best interest of the Nation for the Federal Government to take an active role in encouraging all women to abstain from alcohol consumption during pregnancy. <SECTION-HEADER> PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such program shall coordinate, support, and conduct basic and applied epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects. Coordinate, support, and conduct national, State, and community-based public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects. And foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. <SECTION-HEADER> ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act is amended by adding at the end thereof the following new part: "PART O FETAL ALCOHOL SYNDROME PREVENTION PROGRAM "Section 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION PROGRAM. Fetal Alcohol Syndrome Prevention Program. The Secretary shall establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program that shall include an education and public awareness program to support, conduct, and evaluate the effectiveness of training programs concerning the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Prevention and education programs, including school health education and school- based clinic programs for school-age children, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects. And public and community awareness programs concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provide technical and consultative assistance to States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations concerning the programs referred to in subparagraph (A). And award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of evaluating the effectiveness, with particular emphasis on the cultural competency and age-appropriateness, of programs referred to in subparagraph (A). Providing training in the prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Educating school-age children, including pregnant and high-risk youth, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, with priority given to programs that are part of a sequential, comprehensive school health education program. And increasing public and community awareness concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects through culturally competent projects, programs, and campaigns, and improving the understanding of the general public and targeted groups concerning the most effective intervention methods to prevent fetal exposure to alcohol. An applied epidemiologic research and prevention program to support and conduct research on the causes, mechanisms, diagnostic methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provide technical and consultative assistance and training to States, Tribal governments, local governments, scientific and academic institutions, and nonprofit organizations engaged in the conduct of Fetal Alcohol Syndrome prevention and early intervention programs. And research relating to the causes, mechanisms, diagnosis methods, treatment, and prevention of Fetal Alcohol Syndrome and Fetal Alcohol Effects. And award grants to, and enter into cooperative agreements and contracts with, States, Indian tribal governments, local governments, scientific and academic institutions, and nonprofit organizations for the purpose of conducting innovative demonstration and evaluation projects designed to determine effective strategies, including community-based prevention programs and multicultural education campaigns, for preventing and intervening in fetal exposure to alcohol. Improving and coordinating the surveillance and ongoing assessment methods implemented by such entities and the Federal Government with respect to Fetal Alcohol Syndrome and Fetal Alcohol Effects. Developing and evaluating effective age-appropriate and culturally competent prevention programs for children, adolescents, and adults identified as being at-risk of becoming chemically dependent on alcohol and associated with or developing Fetal Alcohol Syndrome and Fetal Alcohol Effects. And facilitating coordination and collaboration among Federal, State, local government, Indian tribal, and community-based Fetal Alcohol Syndrome prevention programs. A basic research program to support and conduct basic research on services and effective prevention treatments and interventions for pregnant alcohol-dependent women and individuals with Fetal Alcohol Syndrome and Fetal Alcohol Effects. A procedure for disseminating the Fetal Alcohol Syndrome and Fetal Alcohol Effects diagnostic criteria developed pursuant to section 705 of the ADAMHA Reorganization Act to health care providers, educators, social workers, child welfare workers, and other individuals. And the establishment, in accordance with subsection (b), of an interagency task force on Fetal Alcohol Syndrome and Fetal Alcohol Effects to foster coordination among all Federal agencies that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effects research, programs, and surveillance, and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects. Interagency Task Force. Membership. The Task Force established pursuant to paragraph (5) of subsection (a) shall be chaired by the Secretary or a designee of the Secretary, and staffed by the Administration. And include representatives from all relevant agencies and offices within the Department of Health and Human Services, the Department of Agriculture, the Department of Education, the Department of Defense, the Department of the Interior, the Department of Justice, the Department of Veterans Affairs, the Bureau of Alcohol, Tobacco and Firearms, the Federal Trade Commission, and any other relevant Federal agency. Functions. The Task Force shall coordinate all Federal programs and research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effects, including programs that target individuals, families, and populations identified as being at risk of acquiring Fetal Alcohol Syndrome and Fetal Alcohol Effects. And provide health, education, treatment, and social services to infants, children, and adults with Fetal Alcohol Syndrome and Fetal Alcohol Effects. Coordinate its efforts with existing Department of Health and Human Services task forces on substance abuse prevention and maternal and child health. And report on a biennial basis to the Secretary and relevant committees of Congress on the current and planned activities of the participating agencies. "Section 399H. ELIGIBILITY. "To be eligible to receive a grant, or enter into a cooperative agreement or contract under this part, an entity shall be a State, Indian tribal government, local government, scientific or academic institution, or nonprofit organization. And prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe, including a description of the activities that the entity intends to carry out using amounts received under this part. "Section 399I. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this part, such sums as are necessary for each of the fiscal years 1995 through 1998.".

Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education. Authorizes appropriations.

Comprehensive Fetal Alcohol Syndrome Prevention Act

112_hr6258

SECTION 1. SHORT TITLE. This Act may be cited as the ``Start Healthy Act of 2012''. SEC. 2. MEDICAID ASSISTANCE FOR UNINSURED NEWBORNS. (a) Mandatory Coverage of Certain Newborns.--Section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) is amended-- (1) by striking ``or'' at the end of subclause (VIII); (2) by adding ``or'' at the end of subclause (IX); and (3) by adding at the end the following: ``(X) who are qualified newborns (as defined in subsection (e)(16)(A));''. (b) Deemed Eligibility for Newborns.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: ``(16) Deemed eligibility for qualified newborns.-- ``(A) Qualified newborn defined.--For purposes of this section, the term `qualified newborn' means a child who-- ``(i) is born in the United States; ``(ii) is under 1 year of age; ``(iii) is not a child who is deemed eligible under paragraph (4); and ``(iv) for periods-- ``(I) before January 1, 2014, is not eligible for creditable coverage under section 2701(c) of the Public Health Service Act (42 U.S.C. 300gg(c)), as in effect before January 1, 2014, but applied without regard to subparagraphs (D) and (F) of paragraph (1) of such section; or ``(II) on or after such date, is not eligible for minimum essential coverage, as defined in section 5000A(f)(1) of the Internal Revenue Code of 1986, but applied without regard to subparagraph (A)(ii) of such section. ``(B) Deemed eligibility.--Subject to subparagraph (C), a child that a State reasonably believes is a qualified newborn (and thus eligible for medical assistance under subsection (a)(10)(A)(i)(X)) on the date of such child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance until such child is one year of age, unless a State determines that a child is not eligible for such medical assistance through a redetermination under subparagraph (D). ``(C) Exception for other coverage.-- ``(i) In general.--If, during the period of eligibility under subparagraph (A), the State determines that the child is enrolled in a type of coverage described in subparagraph (A)(iv), the State may terminate medical assistance for such child under subsection (a)(10)(A)(i)(X). ``(ii) Limitation.--A State that determines that a child is eligible for such coverage, but not enrolled in such coverage, may not terminate such medical assistance for such child until such child is enrolled in such coverage. ``(D) Redeterminations of eligibility.-- ``(i) In general.--Subject to clause (ii) and subparagraph (C)(ii), the State shall redetermine a child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) not later than 180 days after the date of the child's birth. ``(ii) Limitation.--If an application is required for a redetermination under clause (i), and such application is not received by the State, and the State reasonably believes that the child for which such application was required continues to be a qualified newborn, the State may not discontinue such child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) on the basis of such missing application. ``(iii) Reduced fmap for failure to do timely determination.--The increased Federal medical assistance percentage provided under the third sentence of section 1905(b) with respect to individuals eligible for medical assistance under section 1902(a)(10)(A)(i)(X) shall not apply with respect to a child, beginning 180 days after the date of the child's birth, for whom a determination is not made on a timely basis under clause (i), unless the limitation under clause (ii) applies to such child.''. (c) 100 Percent Matching Rate for Temporary Coverage of Certain Newborns.-- (1) In general.--The third sentence of section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by inserting before the period at the end the following: ``and, subject to section 1902(e)(16)(E)(iii), for medical assistance for individuals in one of the 50 States or the District of Columbia eligible for such assistance under section 1902(a)(10)(A)(i)(X)''. (2) Application to territories.--Section 1108(g)(4) of such Act (42 U.S.C. 1308(g)(4)) is amended by adding at the end the following: ``Payment for medical assistance for an individual eligible for assistance under section 1902(a)(10)(A)(i)(X) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and (4) of this subsection).'' (d) Conforming Amendment.--Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(i)(X),'' after ``1902(a)(10)(A)(i)(VIII),''. (e) Technical Amendments.--Section 1902(e) of such Act (42 U.S.C. 1396a(e)) is amended by redesignating the paragraph (14) relating to exclusion of compensation for participation in a clinical trial for testing of treatments for a rare disease or condition, as added by section 3 of the Improving Access to Clinical Trials Act of 2009, as paragraph (15). Such redesignation shall not be construed to affect the application of section (3)(e) of the Improving Access to Clinical Trials Act of 2009 to such paragraph. (f) Effective Date.-- (1) In general.--The amendments made by this section shall apply to individuals born on or after the day that is 6 months after the date of the enactment of this Act. (2) Delay permitted for state plan amendment.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Start Healthy Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to provide: (1) mandatory coverage of qualified (uninsured) newborns, and (2) 100 federal medical assistance percentage (FMAP) for temporary coverage of such newborns.

To amend title XIX of the Social Security Act to provide medical assistance to uninsured newborns under the Medicaid program.

8,869

250

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Start Healthy Act of 2012". <SECTION-HEADER> MEDICAID ASSISTANCE FOR UNINSURED NEWBORNS. Mandatory Coverage of Certain Newborns. Section 1902(a)(10)(A)(i) of the Social Security Act (42 USC. 1396a(a)(10)(A)(i)) is amended by striking "or" at the end of subclause (VIII), by adding "or" at the end of subclause (IX). And by adding at the end the following: who are qualified newborns (as defined in subsection (16)(A)). ". Deemed Eligibility for Newborns. Section 1902(e) of such Act (42 USC. 1396a(e)) is amended by adding at the end the following: Deemed eligibility for qualified newborns. Qualified newborn defined. For purposes of this section, the term `qualified newborn' means a child who is born in the United States, is under 1 year of age. Is not a child who is deemed eligible under paragraph (4). And for periods before January 1, 2014, is not eligible for creditable coverage under section 2701(c) of the Public Health Service Act (42 USC. 300gg(c)), as in effect before January 1, 2014, but applied without regard to subparagraphs (D) and (F) of paragraph of such section. Or on or after such date, is not eligible for minimum essential coverage, as defined in section 5000A(f)(1) of the Internal Revenue Code of 1986, but applied without regard to subparagraph (A)(ii) of such section. Deemed eligibility. Subject to subparagraph , a child that a State reasonably believes is a qualified newborn (and thus eligible for medical assistance under subsection (a)(10)(A)(i)(X)) on the date of such child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and to remain eligible for such assistance until such child is one year of age, unless a State determines that a child is not eligible for such medical assistance through a redetermination under subparagraph (D). Exception for other coverage. In general. If, during the period of eligibility under subparagraph (A), the State determines that the child is enrolled in a type of coverage described in subparagraph (A)(iv), the State may terminate medical assistance for such child under subsection (a)(10)(A)(i)(X). Limitation. A State that determines that a child is eligible for such coverage, but not enrolled in such coverage, may not terminate such medical assistance for such child until such child is enrolled in such coverage. Redeterminations of eligibility. In general. Subject to clause (ii) and subparagraph (C)(ii), the State shall redetermine a child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) not later than 180 days after the date of the child's birth. Limitation. If an application is required for a redetermination under clause , and such application is not received by the State, and the State reasonably believes that the child for which such application was required continues to be a qualified newborn, the State may not discontinue such child's eligibility for medical assistance under subsection (a)(10)(A)(i)(X) on the basis of such missing application. Reduced fmap for failure to do timely determination. The increased Federal medical assistance percentage provided under the third sentence of section 1905(b) with respect to individuals eligible for medical assistance under section 1902(a)(10)(A)(i)(X) shall not apply with respect to a child, beginning 180 days after the date of the child's birth, for whom a determination is not made on a timely basis under clause (i), unless the limitation under clause (ii) applies to such child.". 100 Percent Matching Rate for Temporary Coverage of Certain Newborns. In general. The third sentence of section 1905(b) of such Act (42 USC. 1396d(b)) is amended by inserting before the period at the end the following: "and, subject to section 1902(e)(16)(E)(iii), for medical assistance for individuals in one of the 50 States or the District of Columbia eligible for such assistance under section 1902(a)(10)(A)(i)(X)". Application to territories. Section 1108(g)(4) of such Act (42 USC. 1308(g)(4)) is amended by adding at the end the following: "Payment for medical assistance for an individual eligible for assistance under section 1902(a)(10)(A)(i)(X) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and ." Conforming Amendment. Section 1903(f)(4) of such Act (42 USC. 1396b(f)(4)) is amended by inserting "1902(a)(10)(A)(i)(X)," after "1902(a)(10)(A)(i)(VIII),". Technical Amendments. Section 1902(e) of such Act (42 USC. 1396a(e)) is amended by redesignating the paragraph (14) relating to exclusion of compensation for participation in a clinical trial for testing of treatments for a rare disease or condition, as added by section 3 of the Improving Access to Clinical Trials Act of 2009, as paragraph (15). Such redesignation shall not be construed to affect the application of section (3)(e) of the Improving Access to Clinical Trials Act of 2009 to such paragraph. Effective Date. In general. The amendments made by this section shall apply to individuals born on or after the day that is 6 months after the date of the enactment of this Act. Delay permitted for state plan amendment. In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Start Healthy Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to provide: (1) mandatory coverage of qualified (uninsured) newborns, and (2) 100 federal medical assistance percentage (FMAP) for temporary coverage of such newborns.

To amend title XIX of the Social Security Act to provide medical assistance to uninsured newborns under the Medicaid program.

105_hr3186

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rogue River National Forest Interchange Act of 1998''. SEC. 2. LAND TRANSFERS INVOLVING PUBLIC DOMAIN LANDS AND NATIONAL FOREST SYSTEM LANDS IN THE STATE OF OREGON. (a) Transfer From Public Domain to National Forest.-- (1) Land transfer.--The public domain lands depicted on the map entitled ``__________'' and dated __________, consisting of approximately 2,058.35 acres within the external boundaries of the Rogue River National Forest in the State of Oregon (in this section referred to as the ``National Forest'') are hereby added to and made a part of the National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the public domain lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest. (b) Transfer From National Forest to Public Domain.-- (1) Land transfer.--The Federal lands depicted on the map entitled ``__________'' and dated __________, consisting of approximately 1,555.15 acres within the external boundaries of the National Forest, are hereby transferred to unreserved public domain status, and the reservation of such lands as part of the National Forest is hereby revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the laws, rules, and regulations applicable to unreserved public domain lands. (c) Restoration of Status of Certain National Forest Lands as Revested Railroad Grant Lands.-- (1) Restoration of earlier status.--The Federal lands depicted on the map enti- tled ``__________'' and dated __________, consisting of approximately 4,298.00 acres within the external boundaries of the National Forest, are hereby restored to the status of revested Oregon and California railroad grant lands, and the reservation of such lands as part of the National Forest is hereby revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), and other laws, rules, and regulations applicable to revested Oregon and California railroad grant lands under the administrative jurisdiction of the Secretary of the Interior. (d) Addition of Certain Revested Railroad Grant Lands to National Forest.-- (1) Land transfer.--The revested Oregon and California railroad grant lands depicted on the map entitled ``__________'' and dated __________, consisting of approximately 959.67 acres within the external boundaries of the National Forest, are hereby added to and made a part of the National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest; except that, with respect to the management of timber resources on such lands and the disposition of revenues derived from such lands and resources on such lands, the Secretary of Agriculture shall manage such lands under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (e) Miscellaneous Requirements.--As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall revise the public land records relating to the lands transferred under this section to reflect the administrative, boundary, and other changes made by this section. The Secretaries shall publish in the Federal Register appropriate notice to the public of the changes in administrative jurisdiction made by this section with regard to lands described in this section.

Rogue River National Forest Interchange Act of 1998 - Provides for the transfer of specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest and others from the National Forest to public domain status. Restores the status of certain revested Oregon and California railroad grant lands and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such Forest.

Rogue River National Forest Interchange Act of 1998

5,011

481

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rogue River National Forest Interchange Act of 1998". <SECTION-HEADER> LAND TRANSFERS INVOLVING PUBLIC DOMAIN LANDS AND NATIONAL FOREST SYSTEM LANDS IN THE STATE OF OREGON. Transfer From Public Domain to National Forest. Land transfer. The public domain lands depicted on the map entitled "" and dated , consisting of approximately 2,058.35 acres within the external boundaries of the Rogue River National Forest in the State of Oregon are hereby added to and made a part of the National Forest. Administrative jurisdiction. Administrative jurisdiction over the public domain lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest. Transfer From National Forest to Public Domain. Land transfer. The Federal lands depicted on the map entitled "" and dated , consisting of approximately 1,555.15 acres within the external boundaries of the National Forest, are hereby transferred to unreserved public domain status, and the reservation of such lands as part of the National Forest is hereby revoked. Administrative jurisdiction. Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the laws, rules, and regulations applicable to unreserved public domain lands. Restoration of Status of Certain National Forest Lands as Revested Railroad Grant Lands. Restoration of earlier status. The Federal lands depicted on the map enti- tled "" and dated , consisting of approximately 4,298.00 acres within the external boundaries of the National Forest, are hereby restored to the status of revested Oregon and California railroad grant lands, and the reservation of such lands as part of the National Forest is hereby revoked. Administrative jurisdiction. Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of Agriculture to the Secretary of the Interior. Subject to valid existing rights, the Secretary of the Interior shall administer such lands under the Act of August 28, 1937 , and other laws, rules, and regulations applicable to revested Oregon and California railroad grant lands under the administrative jurisdiction of the Secretary of the Interior. Addition of Certain Revested Railroad Grant Lands to National Forest. Land transfer. The revested Oregon and California railroad grant lands depicted on the map entitled "" and dated , consisting of approximately 959.67 acres within the external boundaries of the National Forest, are hereby added to and made a part of the National Forest. Administrative jurisdiction. Administrative jurisdiction over the lands described in paragraph (1) is hereby transferred from the Secretary of the Interior to the Secretary of Agriculture. Subject to valid existing rights, the Secretary of Agriculture shall administer such lands as part of the National Forest under the laws, rules, and regulations applicable to the National Forest. Except that, with respect to the management of timber resources on such lands and the disposition of revenues derived from such lands and resources on such lands, the Secretary of Agriculture shall manage such lands under the Act of August 28, 1937 . Miscellaneous Requirements. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall revise the public land records relating to the lands transferred under this section to reflect the administrative, boundary, and other changes made by this section. The Secretaries shall publish in the Federal Register appropriate notice to the public of the changes in administrative jurisdiction made by this section with regard to lands described in this section.

Rogue River National Forest Interchange Act of 1998 - Provides for the transfer of specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest and others from the National Forest to public domain status. Restores the status of certain revested Oregon and California railroad grant lands and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such Forest.

Rogue River National Forest Interchange Act of 1998

109_hr6401

SECTION 1. LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTINENTAL SHELF. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Royalty Suspension Provisions.-- ``(1) In general.--Subject to paragraphs (2) through (4), the Secretary shall agree to a request by any lessee to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions in the amount of $34.73 per barrel (2005 dollars) for oil and for natural gas of $4.34 per million Btu (2005 dollars). ``(2) Adjustment.--The oil and natural gas price thresholds established under paragraph (1) shall be adjusted during any calendar year after 2005 by the percentage, if any, by which the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce changed during the preceding calendar year. ``(3) New royalty suspension volumes.--After the date of enactment of this subsection, price thresholds shall apply to any royalty suspension volumes granted by the Secretary. ``(4) Effective date.--Any amended lease shall impose the new price thresholds effective beginning October 1, 2006. ``(r) Conservation of Resources Fees.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish, by regulation, a conservation of resources fee for producing leases that will apply to new and existing leases which shall be established at $9 per barrel for oil and $1.25 per million Btu for gas (2006 dollars). ``(2) Covered areas.--The fee shall only apply to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed $34.73 per barrel for oil and $4.34 per million Btu for natural gas (2005 dollars). ``(3) Effective date.--A fee imposed under this subsection shall apply to production that occurs on or after October 1, 2006.''. SEC. 2. COASTAL IMPACT ASSISTANCE PROGRAM. Section 31(b) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``The'' and inserting the following: ``(A) Fiscal years 2007 through 2010.--The''; and (B) by adding at the end the following: ``(B) Certain royalty revenues.--Notwithstanding section 9, of the amount of any royalty revenues payable to the United States from any lease issued with deep water royalty relief as the result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, the Secretary of the Treasury shall deposit-- ``(i) the amount of the royalty revenues in a special account in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for each of fiscal years 2007 through 2016, for disbursement to Gulf producing States and coastal political subdivisions in accordance with this section, except that the amount made available under this clause shall not exceed a total of $5,450,000,000; and ``(ii) any remainder of the royalty revenues in the general fund of the Treasury, to be used for deficit reduction.''; and (2) in paragraph (3)(B)-- (A) in clause (i), by striking ``and'' after the semicolon at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2011 through 2016 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2010.''. SEC. 3. SENSE OF THE CONGRESS TO BUY AND BUILD AMERICAN. (a) Buy and Build American.--It is the intention of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America's workforce to assist in the development of affordable energy from the Outer Continental Shelf. Moreover, the Congress intends to monitor the deployment of personnel and material in the Outer Continental Shelf to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Safeguard for Extraordinary Ability.--Section 30(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)) is amended in the matter preceding paragraph (1) by striking ``regulations which'' and inserting ``regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4(a)(1) of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that''.

Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to agree to any lessee request to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held between January 1, 1998, and December 31, 1999, to incorporate price thresholds applicable to certain royalty suspension provisions in the amount of $34.73 per barrel for oil and of $4.34 per million Btu for natural gas, adjusted for changes in the implicit price deflator. Directs the Secretary to establish a conservation of resources fee for producing leases at $9 per barrel for oil and $1.25 per million Btu for gas . Applies such fee only to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed specified amounts per barrel. Instructs the Secretary of the Treasury to deposit the royalty revenues in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for FY2007-FY2016, for disbursement to Gulf producing states and coastal political subdivisions. Expresses the intent of Congress: (1) that this Act result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing America's workforce in the development of affordable energy from the OCS. And (2) to OCS monitor deployment of personnel and material to encourage development of American technology and manufacturing, as well as the establishment of important industrial facilities to support expanded access to American resources.

To promote the fair production of oil and gas on the Outer Continental Shelf.

6,401

1,538

<SECTION-HEADER> LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTINENTAL SHELF. Section 8 of the Outer Continental Shelf Lands Act is amended by adding at the end the following: Royalty Suspension Provisions. In general. Subject to paragraphs (2) through (4), the Secretary shall agree to a request by any lessee to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, to incorporate price thresholds applicable to royalty suspension provisions in the amount of $34.73 per barrel for oil and for natural gas of $4.34 per million Btu . Adjustment. The oil and natural gas price thresholds established under paragraph (1) shall be adjusted during any calendar year after 2005 by the percentage, if any, by which the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce changed during the preceding calendar year. New royalty suspension volumes. After the date of enactment of this subsection, price thresholds shall apply to any royalty suspension volumes granted by the Secretary. Effective date. Any amended lease shall impose the new price thresholds effective beginning October 1, 2006. Conservation of Resources Fees. In general. Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish, by regulation, a conservation of resources fee for producing leases that will apply to new and existing leases which shall be established at $9 per barrel for oil and $1.25 per million Btu for gas . Covered areas. The fee shall only apply to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed $34.73 per barrel for oil and $4.34 per million Btu for natural gas . Effective date. A fee imposed under this subsection shall apply to production that occurs on or after October 1, 2006.". <SECTION-HEADER> COASTAL IMPACT ASSISTANCE PROGRAM. Section 31(b) of the Outer Continental Shelf Lands Act (43 USC. 1356a(b)) is amended in paragraph (1) by striking "The" and inserting the following: Fiscal years 2007 through 2010. The". And by adding at the end the following: Certain royalty revenues. Notwithstanding section 9, of the amount of any royalty revenues payable to the United States from any lease issued with deep water royalty relief as the result of a Central or Western Gulf of Mexico lease sale held during the period beginning on January 1, 1998, and ending on December 31, 1999, the Secretary of the Treasury shall deposit the amount of the royalty revenues in a special account in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for each of fiscal years 2007 through 2016, for disbursement to Gulf producing States and coastal political subdivisions in accordance with this section, except that the amount made available under this clause shall not exceed a total of $5,450,000,000. And any remainder of the royalty revenues in the general fund of the Treasury, to be used for deficit reduction.". And in paragraph (3)(B) in clause (i), by striking "and" after the semicolon at the end. In clause (ii), by striking the period at the end and inserting ", and". And by adding at the end the following: the amount of qualified outer Continental Shelf revenues for each of fiscal years 2011 through 2016 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2010.". <SECTION-HEADER> SENSE OF THE CONGRESS TO BUY AND BUILD AMERICAN. Buy and Build American. It is the intention of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America's workforce to assist in the development of affordable energy from the Outer Continental Shelf. Moreover, the Congress intends to monitor the deployment of personnel and material in the Outer Continental Shelf to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. Safeguard for Extraordinary Ability. Section 30(a) of the Outer Continental Shelf Lands Act (43 USC. 1356(a)) is amended in the matter preceding paragraph (1) by striking "regulations which" and inserting "regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4(a)(1) of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that".

Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to agree to any lessee request to amend any lease issued as a result of a Central or Western Gulf of Mexico lease sale held between January 1, 1998, and December 31, 1999, to incorporate price thresholds applicable to certain royalty suspension provisions in the amount of $34.73 per barrel for oil and of $4.34 per million Btu for natural gas, adjusted for changes in the implicit price deflator. Directs the Secretary to establish a conservation of resources fee for producing leases at $9 per barrel for oil and $1.25 per million Btu for gas . Applies such fee only to leases issued with deep water royalty relief for which royalties are not being paid when prices exceed specified amounts per barrel. Instructs the Secretary of the Treasury to deposit the royalty revenues in the Treasury, to be available to the Secretary of the Interior, without further appropriation, for FY2007-FY2016, for disbursement to Gulf producing states and coastal political subdivisions. Expresses the intent of Congress: (1) that this Act result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing America's workforce in the development of affordable energy from the OCS. And (2) to OCS monitor deployment of personnel and material to encourage development of American technology and manufacturing, as well as the establishment of important industrial facilities to support expanded access to American resources.

To promote the fair production of oil and gas on the Outer Continental Shelf.

105_hr1300

SECTION 1. SHORT TITLE. This Act may be cited as the ``Base Closure Reuse Reform Act of 1997''. SEC. 2. REFORM OF PROPERTY DISPOSAL REQUIREMENTS UNDER BASE CLOSURE LAWS TO PROMOTE ECONOMIC DEVELOPMENT AND PROTECT CLOSING INSTALLATIONS. (a) Applicability of Excess Profits Clause.-- (1) 1990 Law.--Section 2905(b)(2)(A)(i) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by inserting before the semicolon the following: ``, except that provisions of such Act (and regulations under such Act) intended to prevent excess profits arising from the receipt of surplus property shall not apply''. (2) 1988 Law.--Section 204(b)(2)(A)(i) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended by inserting before the semicolon the following: ``, except that provisions of such Act (and regulations under such Act) intended to prevent excess profits arising from the receipt of surplus property shall not apply''. (b) Interim Lease Authority.--Section 2667(f) of title 10, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new sentences: ``Subject to paragraph (5)(A), the Secretary concerned shall permit the lessee to make capital improvements to the leased property to facilitate economic development of the property and may not condition such permission by requiring the removal of the improvements upon the expiration of the lease. However, the United States shall not be responsible for the cost of the improvements if the property reverts to United States control upon the expiration of the lease. The Secretary concerned shall also permit the lessee to sublease the property for profit during the term of the interim lease.''; and (2) in paragraph (5)-- (A) in subparagraph (B), by striking out the first sentence and inserting in lieu thereof the following: ``Notwithstanding subsection (b)(2), an interim lease entered into under this subsection shall give the lessee the first right to acquire the property at the time of final disposal of the property. If there has been more than one interim lessee with respect to the property, the Secretary shall develop a mechanism to select between competing lessees.''; and (B) in subparagraph (C), by striking out ``Subparagraphs (A) and (B)'' and inserting in lieu thereof ``Subparagraph (A)''. (c) Lease Back Authority.--Section 2905(b)(4)(C) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (1) in clause (i)-- (A) by striking out the last sentence; and (B) by adding at the end the following new sentence: ``A component of the military department having jurisdiction over the installation before closure or realignment is not prohibited from entering into a lease under this clause with respect to property at that installation.''; (2) in clause (ii), by adding at the end the following new sentence: ``For purposes of the transfer of the real property to the redevelopment authority and the subsequent lease back, the valuation of the real property shall be deemed to be zero.''; and (3) by adding at the end the following new clause: ``(v) Subject to clause (iv), the Secretary shall give the redevelopment authority the first right to acquire property subject to a lease under clause (i) upon the termination or expiration of the lease. If, before the lease is actually entered into, the department or agency concerned determines that it does not require or desire the property and no other department or agency of the Federal Government seeks to become the lessee, the redevelopment authority shall have the first right to acquire the property. Subparagraph (B) shall apply to a transfer to the redevelopment authority under this clause.''. (d) Authority to Contract for Certain Services.-- (1) 1990 Law.--Section 2905(b)(8) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (A)-- (i) by striking out ``local governments'' and inserting in lieu thereof ``local governments and redevelopment authorities''; and (ii) by striking out ``by such governments''; (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: ``(C) The Secretary may exercise the authority under subparagraph (A) with respect to an installation at any time after the date on which the installation is approved for closure under this part.''; and (C) in subparagraph (D)-- (i) by striking out ``for services entered into with a local government''; and (ii) by striking out ``under the jurisdiction of such government'' and inserting in lieu thereof ``of the installation''. (2) 1988 Law.--Section 204(b)(8) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is amended-- (A) in subparagraph (A)-- (i) by striking out ``local governments'' and inserting in lieu thereof ``local governments and redevelopment authorities''; and (ii) by striking out ``by such governments''; (B) by striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: ``(C) The Secretary may exercise the authority under subparagraph (A) with respect to an installation at any time after the date on which the installation is approved for closure under this title.''; and (C) in subparagraph (D)-- (i) by striking out ``for services entered into with a local government''; and (ii) by striking out ``under the jurisdiction of such government'' and inserting in lieu thereof ``of the installation''.

Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property. Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease . Allows an interim lessee the first right to acquire the property at the time of its final disposal. Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration. Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved.

Base Closure Reuse Reform Act of 1997

7,244

1,509

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Base Closure Reuse Reform Act of 1997". <SECTION-HEADER> REFORM OF PROPERTY DISPOSAL REQUIREMENTS UNDER BASE CLOSURE LAWS TO PROMOTE ECONOMIC DEVELOPMENT AND PROTECT CLOSING INSTALLATIONS. Applicability of Excess Profits Clause. 1990 Law. Section 2905(b)(2)(A)(i) of the Defense Base Closure and Realignment Act of 1990 is amended by inserting before the semicolon the following: ", except that provisions of such Act intended to prevent excess profits arising from the receipt of surplus property shall not apply". 1988 Law. Section 204(b)(2)(A)(i) of the Defense Authorization Amendments and Base Closure and Realignment Act is amended by inserting before the semicolon the following: ", except that provisions of such Act intended to prevent excess profits arising from the receipt of surplus property shall not apply". Interim Lease Authority. Section 2667(f) of title 10, United States Code, is amended in paragraph (1), by adding at the end the following new sentences: "Subject to paragraph (5)(A), the Secretary concerned shall permit the lessee to make capital improvements to the leased property to facilitate economic development of the property and may not condition such permission by requiring the removal of the improvements upon the expiration of the lease. However, the United States shall not be responsible for the cost of the improvements if the property reverts to United States control upon the expiration of the lease. The Secretary concerned shall also permit the lessee to sublease the property for profit during the term of the interim lease.". And in paragraph (5) in subparagraph (B), by striking out the first sentence and inserting in lieu thereof the following: "Notwithstanding subsection (b)(2), an interim lease entered into under this subsection shall give the lessee the first right to acquire the property at the time of final disposal of the property. If there has been more than one interim lessee with respect to the property, the Secretary shall develop a mechanism to select between competing lessees.". And in subparagraph (C), by striking out "Subparagraphs (A) and (B)" and inserting in lieu thereof "Subparagraph (A)". Lease Back Authority. Section 2905(b)(4)(C) of the Defense Base Closure and Realignment Act of 1990 is amended in clause (i) by striking out the last sentence. And by adding at the end the following new sentence: "A component of the military department having jurisdiction over the installation before closure or realignment is not prohibited from entering into a lease under this clause with respect to property at that installation.". In clause (ii), by adding at the end the following new sentence: "For purposes of the transfer of the real property to the redevelopment authority and the subsequent lease back, the valuation of the real property shall be deemed to be zero.". And by adding at the end the following new clause: Subject to clause (iv), the Secretary shall give the redevelopment authority the first right to acquire property subject to a lease under clause (i) upon the termination or expiration of the lease. If, before the lease is actually entered into, the department or agency concerned determines that it does not require or desire the property and no other department or agency of the Federal Government seeks to become the lessee, the redevelopment authority shall have the first right to acquire the property. Subparagraph (B) shall apply to a transfer to the redevelopment authority under this clause.". Authority to Contract for Certain Services. 1990 Law. Section 2905(b)(8) of the Defense Base Closure and Realignment Act of 1990 is amended in subparagraph (A) by striking out "local governments" and inserting in lieu thereof "local governments and redevelopment authorities", and by striking out "by such governments". By striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: The Secretary may exercise the authority under subparagraph with respect to an installation at any time after the date on which the installation is approved for closure under this part.". And in subparagraph (D) by striking out "for services entered into with a local government". And by striking out "under the jurisdiction of such government" and inserting in lieu thereof "of the installation". 1988 Law. Section 204(b)(8) of the Defense Authorization Amendments and Base Closure and Realignment Act is amended in subparagraph (A) by striking out "local governments" and inserting in lieu thereof "local governments and redevelopment authorities", and by striking out "by such governments". By striking out subparagraph (C) and inserting in lieu thereof the following new subparagraph: The Secretary may exercise the authority under subparagraph with respect to an installation at any time after the date on which the installation is approved for closure under this title.". And in subparagraph (D) by striking out "for services entered into with a local government". And by striking out "under the jurisdiction of such government" and inserting in lieu thereof "of the installation".

Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property. Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease . Allows an interim lessee the first right to acquire the property at the time of its final disposal. Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration. Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved.

Base Closure Reuse Reform Act of 1997

110_s580

SECTION 1. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS. Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following: ``(g) Revision of Feasibility and Suitability Studies of Existing National Historic Trails.-- ``(1) Definitions.--In this subsection: ``(A) Route.--The term `route' includes a trail segment commonly known as a cutoff. ``(B) Shared route.--The term `shared route' means a route that was a segment of more than one historic trail, including a route shared with an existing national historic trail. ``(2) Requirements for revision.-- ``(A) In general.--The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails. ``(B) Study requirements and objectives.--The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection. ``(C) Completion and submission of study.--A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study. ``(3) Oregon national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Oregon National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) Whitman Mission route. ``(ii) Upper Columbia River. ``(iii) Cowlitz River route. ``(iv) Meek cutoff. ``(v) Free Emigrant Road. ``(vi) North Alternate Oregon Trail. ``(vii) Goodale's cutoff. ``(viii) North Side alternate route. ``(ix) Cutoff to Barlow road. ``(x) Naches Pass Trail. ``(4) Pony express national historic trail.--The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Pony Express National Historic Trail. ``(5) California national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the California National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) Missouri valley routes.-- ``(I) Blue Mills-Independence Road. ``(II) Westport Landing Road. ``(III) Westport-Lawrence Road. ``(IV) Fort Leavenworth-Blue River route. ``(V) Road to Amazonia. ``(VI) Union Ferry Route. ``(VII) Old Wyoming-Nebraska City cutoff. ``(VIII) Lower Plattsmouth Route. ``(IX) Lower Bellevue Route. ``(X) Woodbury cutoff. ``(XI) Blue Ridge cutoff. ``(XII) Westport Road. ``(XIII) Gum Springs-Fort Leavenworth route. ``(XIV) Atchison/Independence Creek routes. ``(XV) Fort Leavenworth-Kansas River route. ``(XVI) Nebraska City cutoff routes. ``(XVII) Minersville-Nebraska City Road. ``(XVIII) Upper Plattsmouth route. ``(XIX) Upper Bellevue route. ``(ii) Central routes.-- ``(I) Cherokee Trail, including splits. ``(II) Weber Canyon route of Hastings cutoff. ``(III) Bishop Creek cutoff. ``(IV) McAuley cutoff. ``(V) Diamond Springs cutoff. ``(VI) Secret Pass. ``(VII) Greenhorn cutoff. ``(VIII) Central Overland Trail. ``(iii) Western routes.-- ``(I) Bidwell-Bartleson route. ``(II) Georgetown/Dagget Pass Trail. ``(III) Big Trees Road. ``(IV) Grizzly Flat cutoff. ``(V) Nevada City Road. ``(VI) Yreka Trail. ``(VII) Henness Pass route. ``(VIII) Johnson cutoff. ``(IX) Luther Pass Trail. ``(X) Volcano Road. ``(XI) Sacramento-Coloma Wagon Road. ``(XII) Burnett cutoff. ``(XIII) Placer County Road to Auburn. ``(6) Mormon pioneer national historic trail.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Mormon Pioneer National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa). ``(ii) 1856-57 Handcart route (Iowa City to Council Bluffs). ``(iii) Keokuk route (Iowa). ``(iv) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska. ``(v) Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants). ``(vi) 1850 Golden Pass Road in Utah. ``(7) Shared california and oregon trail routes.-- ``(A) Study required.--The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 1830/1870' and dated 1991/1993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail. ``(B) Covered routes.--The routes to be studied under subparagraph (A) shall include the following: ``(i) St. Joe Road. ``(ii) Council Bluffs Road. ``(iii) Sublette cutoff. ``(iv) Applegate route. ``(v) Old Fort Kearny Road (Oxbow Trail). ``(vi) Childs cutoff. ``(vii) Raft River to Applegate.''.

Amends the National Trails System Act to direct the Secretary of the Interior to: (1) revise the feasibility and suitability studies for certain existing National Historic Trails for consideration of possible additions to such trails. And (2) study the feasibility and suitability of designating certain routes and cutoffs as components of the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails and as shared components of the California and Oregon National Historic Trails.

A bill to amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails, and for other purposes.

11,245

501

<SECTION-HEADER> REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS. Section 5 of the National Trails System Act is amended by adding at the end the following: Revision of Feasibility and Suitability Studies of Existing National Historic Trails. Definitions. In this subsection: Route. The term `route' includes a trail segment commonly known as a cutoff. Shared route. The term `shared route' means a route that was a segment of more than one historic trail, including a route shared with an existing national historic trail. Requirements for revision. In general. The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails. Study requirements and objectives. The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection. Completion and submission of study. A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study. Oregon national historic trail. Study required. The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Oregon National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: Whitman Mission route. Upper Columbia River. Cowlitz River route. Meek cutoff. Free Emigrant Road. North Alternate Oregon Trail. Goodale's cutoff. North Side alternate route. Cutoff to Barlow road. Naches Pass Trail. Pony express national historic trail. The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Pony Express National Historic Trail. California national historic trail. Study required. The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the California National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: Missouri valley routes. Blue Mills-Independence Road. Westport Landing Road. Westport-Lawrence Road. Fort Leavenworth-Blue River route. Road to Amazonia. Union Ferry Route. Old Wyoming-Nebraska City cutoff. Lower Plattsmouth Route. Lower Bellevue Route. Woodbury cutoff. Blue Ridge cutoff. Westport Road. Gum Springs-Fort Leavenworth route. AtchisonIndependence Creek routes. Fort Leavenworth-Kansas River route. Nebraska City cutoff routes. Minersville-Nebraska City Road. Upper Plattsmouth route. Upper Bellevue route. Central routes. Cherokee Trail, including splits. Weber Canyon route of Hastings cutoff. Bishop Creek cutoff. McAuley cutoff. Diamond Springs cutoff. Secret Pass. Greenhorn cutoff. Central Overland Trail. Western routes. Bidwell-Bartleson route. GeorgetownDagget Pass Trail. Big Trees Road. Grizzly Flat cutoff. Nevada City Road. Yreka Trail. Henness Pass route. Johnson cutoff. Luther Pass Trail. Volcano Road. Sacramento-Coloma Wagon Road. Burnett cutoff. Placer County Road to Auburn. Mormon pioneer national historic trail. Study required. The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as components of the Mormon Pioneer National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: 1846 Subsequent routes A and B . 1856-57 Handcart route . Keokuk route (Iowa). 1847 Alternative Elkhorn and Loup River Crossings in Nebraska. Fort Leavenworth Road. Ox Bow route and alternates in Kansas and Missouri . 1850 Golden Pass Road in Utah. Shared california and oregon trail routes. Study required. The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled `Western Emigrant Trails 18301870' and dated 19911993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of one or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail. Covered routes. The routes to be studied under subparagraph (A) shall include the following: St. Joe Road. Council Bluffs Road. Sublette cutoff. Applegate route. Old Fort Kearny Road . Childs cutoff. Raft River to Applegate.".

Amends the National Trails System Act to direct the Secretary of the Interior to: (1) revise the feasibility and suitability studies for certain existing National Historic Trails for consideration of possible additions to such trails. And (2) study the feasibility and suitability of designating certain routes and cutoffs as components of the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails and as shared components of the California and Oregon National Historic Trails.

A bill to amend the National Trails System Act to require the Secretary of the Interior to update the feasibility and suitability studies of four national historic trails, and for other purposes.

108_s2216

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Transportation Security Act''. SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. (a) In General.-- (1) Assessment.--The Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for-- (A) improving the security of rail infrastructure and facilities, terminals, tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) deploying chemical and biological weapon detection equipment; (C) training employees in terrorism response activities; and (D) identifying the immediate and long-term economic impact of measures that may be required to address those risks. (2) Existing private and public sector efforts.--The assessment shall include a review of any actions already taken or prospective actions necessary to address identified security issues by both public and private entities. (b) Consultation; Use of Existing Resources.--In carrying out the assessment required by subsection (a), the Secretary shall consult with rail management, rail labor, facility owners and operators, and public safety officials (including officials responsible for responding to emergencies). (c) Report.-- (1) Contents.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing the assessment and prioritized recommendations required by subsection (a). (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $515,000,000 for fiscal year 2005 to carry out this section, implement the measures contained in the Secretary's prioritized recommendations, and award grants for purposes identified in the assessment in subsection (a), such sums to remain available until expended. SEC. 3. RAIL SECURITY. (a) Rail Police Officers.--Section 28101 is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (b) Review of Rail Regulations.--Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Department of Homeland Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security. SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS. (a) Requirement for Study.--Not later than December 1, 2004, the Comptroller General shall carry out a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose.--The purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report.--The Comptroller General shall submit a report on the results of the study to Congress. The report shall include the Comptroller General's assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING. (a) Requirement for Study and Report.--The Secretary of Homeland Security shall-- (1) study the cost and feasibility of requiring security screening for all passengers, baggage, and mail, express, and other cargo on Amtrak trains; and (2) report the results of the study, together with any recommendations that the Secretary may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives one year after the date of enactment of this Act. (b) Pilot Program.--As part of the study under subsection (a), the Secretary shall conduct a pilot program of random security screening of passengers and baggage at 5 of the 10 busiest passenger rail stations served by Amtrak (measured by the average number of boardings of Amtrak passenger trains) and at up to five additional rail stations served by Amtrak that are selected by the Secretary. In selecting the additional train stations the Secretary shall attempt to achieve a distribution of participating stations in terms of geographic location and size. SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY. Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this title. SEC. 7. LIFE SAFETY AND INFRASTRUCTURE. (a) Life Safety Needs.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005: (1) $677,000,000 for the 6 New York tunnels built in 1910 to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers. (2) $57,000,000 for the Baltimore & Potomac tunnel built in 1872 to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades. (3) $40,000,000 for the Washington, D.C. Union Station tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings to improve ventilation, communication, lighting, and passenger egress upgrades. (b) Infrastructure Upgrades.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005, $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels, such funds to remain available until expended.

Rail Transportation Security Act - Directs the Secretary of Homeland Security to assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for: (1) improving the security of rail infrastructure and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce, (2) deploying chemical and biological weapon detection equipment, (3) training employees in terrorism response activities. And (4) identifying immediate and long-term economic impact of measures that may be required to address those risks. Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail safety and security. Directs the Comptroller General to carry out a study of the rail passenger transportation security programs in Japan, member nations of the European Union, and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective. Directs the Secretary to: (1) study the cost and feasibility of requiring security screening for all passengers, baggage, mail, express, and other cargo on Amtrak trains. And (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of the busiest passenger rail stations served by Amtrak. Authorizes appropriations for FY 2005 for Amtrak for certain life safety and infrastructure upgrades at specified tunnels.

A bill to provide increased rail transportation security.

7,416

1,690

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rail Transportation Security Act". <SECTION-HEADER> RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. In General. Assessment. The Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for improving the security of rail infrastructure and facilities, terminals, tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service, deploying chemical and biological weapon detection equipment, training employees in terrorism response activities. And identifying the immediate and long-term economic impact of measures that may be required to address those risks. Existing private and public sector efforts. The assessment shall include a review of any actions already taken or prospective actions necessary to address identified security issues by both public and private entities. Consultation. Use of Existing Resources. In carrying out the assessment required by subsection (a), the Secretary shall consult with rail management, rail labor, facility owners and operators, and public safety officials . Report. Contents. Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing the assessment and prioritized recommendations required by subsection (a). Format. The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. Authorization of Appropriations. There are authorized to be appropriated to the Secretary $515,000,000 for fiscal year 2005 to carry out this section, implement the measures contained in the Secretary's prioritized recommendations, and award grants for purposes identified in the assessment in subsection (a), such sums to remain available until expended. <SECTION-HEADER> RAIL SECURITY. Rail Police Officers. Section 28101 is amended by striking "the rail carrier" each place it appears and inserting "any rail carrier". Review of Rail Regulations. Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Department of Homeland Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security. <SECTION-HEADER> STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS. Requirement for Study. Not later than December 1, 2004, the Comptroller General shall carry out a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. Purpose. The purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. Report. The Comptroller General shall submit a report on the results of the study to Congress. The report shall include the Comptroller General's assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. <SECTION-HEADER> PASSENGER, BAGGAGE, AND CARGO SCREENING. Requirement for Study and Report. The Secretary of Homeland Security shall study the cost and feasibility of requiring security screening for all passengers, baggage, and mail, express, and other cargo on Amtrak trains. And report the results of the study, together with any recommendations that the Secretary may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives one year after the date of enactment of this Act. Pilot Program. As part of the study under subsection (a), the Secretary shall conduct a pilot program of random security screening of passengers and baggage at 5 of the 10 busiest passenger rail stations served by Amtrak and at up to five additional rail stations served by Amtrak that are selected by the Secretary. In selecting the additional train stations the Secretary shall attempt to achieve a distribution of participating stations in terms of geographic location and size. <SECTION-HEADER> CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY. Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this title. <SECTION-HEADER> LIFE SAFETY AND INFRASTRUCTURE. Life Safety Needs. There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005: $677,000,000 for the 6 New York tunnels built in 1910 to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers. $57,000,000 for the Baltimore Potomac tunnel built in 1872 to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades. $40,000,000 for the Washington, D. C. Union Station tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings to improve ventilation, communication, lighting, and passenger egress upgrades. Infrastructure Upgrades. There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005, $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels, such funds to remain available until expended.

Rail Transportation Security Act - Directs the Secretary of Homeland Security to assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for: (1) improving the security of rail infrastructure and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce, (2) deploying chemical and biological weapon detection equipment, (3) training employees in terrorism response activities. And (4) identifying immediate and long-term economic impact of measures that may be required to address those risks. Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail safety and security. Directs the Comptroller General to carry out a study of the rail passenger transportation security programs in Japan, member nations of the European Union, and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective. Directs the Secretary to: (1) study the cost and feasibility of requiring security screening for all passengers, baggage, mail, express, and other cargo on Amtrak trains. And (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of the busiest passenger rail stations served by Amtrak. Authorizes appropriations for FY 2005 for Amtrak for certain life safety and infrastructure upgrades at specified tunnels.

A bill to provide increased rail transportation security.

112_hr891

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Benefits Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Medications are important to the management of chronic diseases that require long-term or lifelong therapy. Pharmacists are uniquely qualified as medication experts to work with patients to manage their medications and chronic conditions and play a key role in helping patients take their medications as prescribed. (2) Nonadherence with medications is a significant problem. According to a report by the World Health Organization, in developed countries, only 50 percent of patients with chronic diseases adhere to medication therapies. For example, in the United States only 51 percent of patients taking blood pressure medications are adherent; similarly, only 40 to 70 percent of patients taking antidepressant medications adhere to prescribed therapies. (3) Failure to take medications as prescribed costs over $177 billion annually. The problem of nonadherence is particularly important for patients with chronic diseases that require use of medications; poor adherence leads to unnecessary disease progression, reduced functional status, lower quality of life, and premature death. (4) When patients adhere to, or comply with, their medication therapy, it is possible to reduce higher-cost medical attention, such as emergency department visits and catastrophic care, and avoid the preventable human costs that impact patients and those who care for them. (5) Studies have clearly demonstrated that community-based medication therapy management (MTM) services provided by pharmacists improve health care outcomes and reduce spending. For example, the Asheville Project--a diabetes program designed for city employees in Asheville, North Carolina, and delivered by community pharmacists--resulted over a 5-year period in a decrease in total direct medical costs ranging from $1,622 to $3,356 per patient per year, a 50 percent decrease in the use of sick days, and an increase in productivity accounting for an estimated savings of $18,000 annually. Another project involving pharmacist-provided care to patients with high cholesterol increased compliance with medication to 90 percent from a national average of 40 percent. In North Carolina, the ChecKmeds NC program, which offers eligible seniors one-on-one MTM consultations with pharmacists, saved an estimated $10,000,000 in healthcare costs and avoided numerous health problems in the first year of the program for the more than 15,000 seniors receiving MTM. Similar results have been achieved in several other demonstrations using community pharmacists. (6) Therefore, enhancement of the MTM benefit under part D of the Medicare program should be a key component of the national health care reform agenda. SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM) PROGRAMS. (a) Improvements to Required Interventions.--Section 1860D- 4(c)(2)(C) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)(C)) is amended-- (1) by amending clause (i)(I) to read as follows: ``(I) shall include a review of the individual's medications, creation of a personal medication record, and a recommended medication action plan in consultation with the individual and the prescriber; and''; and (2) by redesignating clause (ii) as clause (iii) and inserting after clause (i) the following new clause: ``(ii) Targeted medication reviews furnished person-to-person by a licensed pharmacist offered no less frequently than once every quarter to assess medication use since the last annual comprehensive medication review, to monitor unresolved issues, to identify problems with new drug therapies or if the individual has experienced a transition in care.''. (b) Increase Availability of MTM Services to Beneficiaries and Increase Community Pharmacy Involvement in Provision of MTM Services.-- (1) Increased beneficiary access to mtm services.--Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)) is further amended-- (A) in subparagraph (A)(ii)(I), by inserting before the semicolon at the end the following: ``or any chronic disease that accounts for high spending in the Medicare program including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease or chronic lung disorders), bone disease-arthritis (such as osteoporosis and osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder)''; (B) by adding at the end of subparagraph (A) the following new clause: ``(iii) Identification of individuals who may benefit from medication therapy management.--The prescription drug plan sponsor shall identify a process subject to the Secretary's approval that allows licensed pharmacists or other qualified providers to identify for medication therapy management interventions potential enrollees who are not described as targeted beneficiaries under clause (ii) or are not otherwise offered services described in subparagraph (C).''; (C) by redesignating subparagraphs (F) and (G) as subparagraphs (I) and (J), respectively; (D) by redesignating the subparagraph (E), relating to development of program in cooperation with licensed pharmacists, as subparagraph (H); (E) by redesignating subparagraph (D) and the subparagraph (E), relating to automatic enrollment with ability to opt-out, as subparagraphs (F) through (G), respectively; and (F) by inserting after subparagraph (C) the following new subparagraph: ``(D) Medication reviews for dual eligibles and enrollees in transition of care.--Without regard to whether an enrollee is a targeted beneficiary described in subparagraph (A)(ii), the medication therapy management program under this program shall offer-- ``(i) a comprehensive medication review described in subparagraph (C)(i) at the time of initial enrollment under the plan for an enrollee who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)); and ``(ii) a targeted medication review described in subparagraph (C)(ii) for any enrollee at the time of transition of care (such as being discharged from a hospital or another institutional setting) where new medications have been introduced to the individual's therapy.''. (2) Community pharmacy access.--Section 1840D-4(c)(2) of such Act, as amended by paragraph (1), is further amended by inserting after subparagraph (D) the following new subparagraph: ``(E) Pharmacy access requirements.--A prescription drug plan sponsor shall offer any willing pharmacy in its network the ability to provide medication therapy management services to assure that enrollees have the option of obtaining services under the medication therapy management program from community-based retail pharmacies.''. (c) Reimbursement and Incentives Based on Performance.-- (1) Appropriate reimbursement for the provision of mtm services.--Section 1860D-4(c)(2)(J) of such Act (42 U.S.C. 1395w-104(c)(2)(J)), as redesignated by subsection (b)(1)(C), is amended by striking the first sentence and inserting the following: ``The PDP sponsor shall reimburse pharmacists and other entities furnishing medication therapy management services under this paragraph based on the resources used and the time required to provide such services.''. (2) Evaluation of performance for payment incentives.-- Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)), as amended by subsection (b), is further amended by adding at the end the following new subparagraph: ``(K) Evaluation of performance.-- ``(i) Data collection and provider measures.--The Secretary shall establish measures and standards for data collection by prescription drug plan sponsors to evaluate performance of pharmacies and other entities in furnishing medication therapy management services. Such measures and standards shall be developed by such date as to allow the application of such measures under this subparagraph beginning with the first plan year beginning after the date of the enactment of the Medication Therapy Management Benefits Act of 2011. Such measures shall be designed to help assess and improve overall quality of care, including a reduction in adverse medication reactions, improvements in adherence and persistence in chronic medication use, and a reduction in drug spending, where appropriate. Prescription drug plan sponsors shall use such measures to compare outcomes based on the type of entity offering such services and shall ensure broader participation of entities that achieve better outcomes with respect to such services. The measures established under this clause shall include measures developed by the Pharmacy Quality Alliance (PQA) in the case of pharmacist providers. ``(ii) Continual development and incorporation of medication therapy management measures in broader health care outcomes measures.--The Secretary shall support the continual development and refinement of performance measures described in clause (i), including the incorporation of medication use measures as part of broader health care outcomes measures. The Secretary shall work with State Medicaid programs to incorporate similar performance-based measures into State drug use review programs provided pursuant to section 1927(g). ``(iii) Incentive payments.-- ``(I) In general.--Subject to subclause (II), for plan years beginning on or after the date that is 1 year after the date the establishment of measures and standards under clause (i), pharmacies and other entities that furnish medication therapy management services under this part shall be provided (in a manner specified by the Secretary) with additional incentive payments based on the performance of such pharmacies and entities in meeting the such measures and standards. Such payments shall be made from the Medicare Prescription Drug Account except that such payments may be made from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund if the Secretary determines, based on data under this part and parts A and B, that such services have resulted in a reduction in expenditures under part A or part B, respectively. ``(II) Limitation.--The total amount of additional incentive payments made under subclause (I) for a plan year may not exceed the amount by which the Secretary determines there are reductions in expenditures under this title during such plan year resulting from medication therapy management services furnished under this part.''.

Medication Therapy Management Benefits Act of 2011 - Amends part D of title XVIII (Medicare) of the Social Security Act (SSA) to require that the annual comprehensive medication review include creation of a personal medication record and a recommended medication action plan in consultation with the individual and the prescriber. Requires medication therapy management (MTM) services to include targeted medication reviews furnished person-to-person by a licensed pharmacist offered at least once every quarter to: (1) assess medication use since the last annual comprehensive medication review, (2) monitor unresolved issues, or (3) identify problems with new drug therapies or if the individual has experienced a transition in care. Increases the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services. Requires a prescription drug plan (PDP) sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows licensed pharmacists or other qualified providers to identify potential enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid , regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services. And (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.

To amend part D of title XVIII of the Social Security Act to promote medication therapy management under the Medicare part D prescription drug program.

15,091

2,161

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medication Therapy Management Benefits Act of 2011". <SECTION-HEADER> FINDINGS. Congress finds the following: Medications are important to the management of chronic diseases that require long-term or lifelong therapy. Pharmacists are uniquely qualified as medication experts to work with patients to manage their medications and chronic conditions and play a key role in helping patients take their medications as prescribed. Nonadherence with medications is a significant problem. According to a report by the World Health Organization, in developed countries, only 50 percent of patients with chronic diseases adhere to medication therapies. For example, in the United States only 51 percent of patients taking blood pressure medications are adherent. Similarly, only 40 to 70 percent of patients taking antidepressant medications adhere to prescribed therapies. Failure to take medications as prescribed costs over $177 billion annually. The problem of nonadherence is particularly important for patients with chronic diseases that require use of medications. Poor adherence leads to unnecessary disease progression, reduced functional status, lower quality of life, and premature death. When patients adhere to, or comply with, their medication therapy, it is possible to reduce higher-cost medical attention, such as emergency department visits and catastrophic care, and avoid the preventable human costs that impact patients and those who care for them. Studies have clearly demonstrated that community-based medication therapy management (MTM) services provided by pharmacists improve health care outcomes and reduce spending. For example, the Asheville Project a diabetes program designed for city employees in Asheville, North Carolina, and delivered by community pharmacists resulted over a 5-year period in a decrease in total direct medical costs ranging from $1,622 to $3,356 per patient per year, a 50 percent decrease in the use of sick days, and an increase in productivity accounting for an estimated savings of $18,000 annually. Another project involving pharmacist-provided care to patients with high cholesterol increased compliance with medication to 90 percent from a national average of 40 percent. In North Carolina, the ChecKmeds NC program, which offers eligible seniors one-on-one MTM consultations with pharmacists, saved an estimated $10,000,000 in healthcare costs and avoided numerous health problems in the first year of the program for the more than 15,000 seniors receiving MTM. Similar results have been achieved in several other demonstrations using community pharmacists. Therefore, enhancement of the MTM benefit under part D of the Medicare program should be a key component of the national health care reform agenda. <SECTION-HEADER> IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM) PROGRAMS. Improvements to Required Interventions. Section 1860D- 4(c)(2)(C) of the Social Security Act (42 USC. 1395w-104(c)(2)(C)) is amended by amending clause (i)(I) to read as follows: shall include a review of the individual's medications, creation of a personal medication record, and a recommended medication action plan in consultation with the individual and the prescriber, and". And by redesignating clause (ii) as clause (iii) and inserting after clause (i) the following new clause: Targeted medication reviews furnished person-to-person by a licensed pharmacist offered no less frequently than once every quarter to assess medication use since the last annual comprehensive medication review, to monitor unresolved issues, to identify problems with new drug therapies or if the individual has experienced a transition in care.". Increase Availability of MTM Services to Beneficiaries and Increase Community Pharmacy Involvement in Provision of MTM Services. Increased beneficiary access to mtm services. Section 1860D-4(c)(2) of such Act (42 USC. 1395w-104(c)(2)) is further amended in subparagraph (A)(ii)(I), by inserting before the semicolon at the end the following: "or any chronic disease that accounts for high spending in the Medicare program including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease , bone disease-arthritis , rheumatoid arthritis, and mental health ". By adding at the end of subparagraph (A) the following new clause: Identification of individuals who may benefit from medication therapy management. The prescription drug plan sponsor shall identify a process subject to the Secretary's approval that allows licensed pharmacists or other qualified providers to identify for medication therapy management interventions potential enrollees who are not described as targeted beneficiaries under clause (ii) or are not otherwise offered services described in subparagraph (C).". By redesignating subparagraphs (F) and (G) as subparagraphs (I) and (J), respectively. By redesignating the subparagraph (E), relating to development of program in cooperation with licensed pharmacists, as subparagraph (H). By redesignating subparagraph (D) and the subparagraph (E), relating to automatic enrollment with ability to opt-out, as subparagraphs (F) through (G), respectively. And by inserting after subparagraph (C) the following new subparagraph: Medication reviews for dual eligibles and enrollees in transition of care. Without regard to whether an enrollee is a targeted beneficiary described in subparagraph (A)(ii), the medication therapy management program under this program shall offer a comprehensive medication review described in subparagraph (C)(i) at the time of initial enrollment under the plan for an enrollee who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)). And a targeted medication review described in subparagraph (C)(ii) for any enrollee at the time of transition of care where new medications have been introduced to the individual's therapy.". Community pharmacy access. Section 1840D-4(c)(2) of such Act, as amended by paragraph (1), is further amended by inserting after subparagraph (D) the following new subparagraph: Pharmacy access requirements. A prescription drug plan sponsor shall offer any willing pharmacy in its network the ability to provide medication therapy management services to assure that enrollees have the option of obtaining services under the medication therapy management program from community-based retail pharmacies.". Reimbursement and Incentives Based on Performance. Appropriate reimbursement for the provision of mtm services. Section 1860D-4(c)(2)(J) of such Act (42 USC. 1395w-104(c)(2)(J)), as redesignated by subsection (b)(1)(C), is amended by striking the first sentence and inserting the following: "The PDP sponsor shall reimburse pharmacists and other entities furnishing medication therapy management services under this paragraph based on the resources used and the time required to provide such services.". Evaluation of performance for payment incentives. Section 1860D-4(c)(2) of such Act (42 USC. 1395w-104(c)(2)), as amended by subsection (b), is further amended by adding at the end the following new subparagraph: Evaluation of performance. Data collection and provider measures. The Secretary shall establish measures and standards for data collection by prescription drug plan sponsors to evaluate performance of pharmacies and other entities in furnishing medication therapy management services. Such measures and standards shall be developed by such date as to allow the application of such measures under this subparagraph beginning with the first plan year beginning after the date of the enactment of the Medication Therapy Management Benefits Act of 2011. Such measures shall be designed to help assess and improve overall quality of care, including a reduction in adverse medication reactions, improvements in adherence and persistence in chronic medication use, and a reduction in drug spending, where appropriate. Prescription drug plan sponsors shall use such measures to compare outcomes based on the type of entity offering such services and shall ensure broader participation of entities that achieve better outcomes with respect to such services. The measures established under this clause shall include measures developed by the Pharmacy Quality Alliance (PQA) in the case of pharmacist providers. Continual development and incorporation of medication therapy management measures in broader health care outcomes measures. The Secretary shall support the continual development and refinement of performance measures described in clause (i), including the incorporation of medication use measures as part of broader health care outcomes measures. The Secretary shall work with State Medicaid programs to incorporate similar performance-based measures into State drug use review programs provided pursuant to section 1927(g). Incentive payments. In general. Subject to subclause (II), for plan years beginning on or after the date that is 1 year after the date the establishment of measures and standards under clause , pharmacies and other entities that furnish medication therapy management services under this part shall be provided with additional incentive payments based on the performance of such pharmacies and entities in meeting the such measures and standards. Such payments shall be made from the Medicare Prescription Drug Account except that such payments may be made from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund if the Secretary determines, based on data under this part and parts A and B, that such services have resulted in a reduction in expenditures under part A or part B, respectively. Limitation. The total amount of additional incentive payments made under subclause (I) for a plan year may not exceed the amount by which the Secretary determines there are reductions in expenditures under this title during such plan year resulting from medication therapy management services furnished under this part.".

Medication Therapy Management Benefits Act of 2011 - Amends part D of title XVIII (Medicare) of the Social Security Act (SSA) to require that the annual comprehensive medication review include creation of a personal medication record and a recommended medication action plan in consultation with the individual and the prescriber. Requires medication therapy management (MTM) services to include targeted medication reviews furnished person-to-person by a licensed pharmacist offered at least once every quarter to: (1) assess medication use since the last annual comprehensive medication review, (2) monitor unresolved issues, or (3) identify problems with new drug therapies or if the individual has experienced a transition in care. Increases the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services. Requires a prescription drug plan (PDP) sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows licensed pharmacists or other qualified providers to identify potential enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid , regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services. And (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.

To amend part D of title XVIII of the Social Security Act to promote medication therapy management under the Medicare part D prescription drug program.

113_s561

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshoring Prevention Act''. SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (5) and inserting ``, and'', by redesignating paragraph (5) as paragraph (4), and by adding at the end the following new paragraph: ``(5) imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)).''. (b) Definition of Imported Property Income.--Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(5), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property; ``(B) the sale, exchange, or other disposition of imported property; or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States; or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States; or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(D) Exception for certain agricultural commodities.--The term `imported property' does not include any agricultural commodity which is not grown in the United States in commercially marketable quantities. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use intangible property (as defined in section 936(h)(3)(B)) in the United States. ``(B) United states.--For purposes of this subsection, the term `United States' includes the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(C) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(D) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.''. (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and (L), respectively, and by inserting after subparagraph (H) the following new subparagraph: ``(I) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(j)).''. (3) Conforming amendment.--Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting ``or imported property income'' after ``passive category income''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and (B) by inserting after subclause (I) the following new subclause: ``(II) imported property income,''. (2) The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. (3) Paragraph (5) of section 954(b) of such Code is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end.

Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines imported property income as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income.

Offshoring Prevention Act

7,599

507

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Offshoring Prevention Act". <SECTION-HEADER> TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. General Rule. Subsection (a) of section 954 of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (5) and inserting ", and", by redesignating paragraph (5) as paragraph (4), and by adding at the end the following new paragraph: imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)).". Definition of Imported Property Income. Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Imported Property Income. In general. For purposes of subsection (a)(5), the term `imported property income' means income derived in connection with manufacturing, producing, growing, or extracting imported property, the sale, exchange, or other disposition of imported property. Or the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). Imported property. For purposes of this subsection In general. Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. Imported property includes certain property imported by unrelated persons. The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation , it was reasonable to expect that such property would be imported into the United States. Or such property would be used as a component in other property which would be imported into the United States. Exception for property subsequently exported. The term `imported property' does not include any property which is imported into the United States and which before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States. Or is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. Exception for certain agricultural commodities. The term `imported property' does not include any agricultural commodity which is not grown in the United States in commercially marketable quantities. Definitions and special rules. Import. For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use intangible property (as defined in section 936(h)(3)(B)) in the United States. United states. For purposes of this subsection, the term `United States' includes the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Unrelated person. For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. Coordination with foreign base company sales income. For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.". Separate Application of Limitations on Foreign Tax Credit for Imported Property Income. In general. Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking "and" at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: imported property income, and". Imported property income defined. Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and , respectively, and by inserting after subparagraph (H) the following new subparagraph: Imported property income. The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(j)).". Conforming amendment. Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting "or imported property income" after "passive category income". Technical Amendments. Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and by inserting after subclause (I) the following new subclause: imported property income,". The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking "subsection (a)(5)" and inserting "subsection (a)(4)". Paragraph (5) of section 954(b) of such Code is amended by striking "and the foreign base company oil related income" and inserting "the foreign base company oil related income, and the imported property income". Effective Date. The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end.

Offshoring Prevention Act - Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines imported property income as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income.

Offshoring Prevention Act

109_hr4942

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Antiterrorism Capabilities Through International Cooperation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy. (2) The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of technologies that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism. (3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security. (4) The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial technologies in the areas of defense, agriculture, and telecommunications. (5) The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. (6) The establishment of a program to facilitate and support cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events. SEC. 3. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT. (a) In General.--The Homeland Security Act of 2002 is amended by inserting after section 313 (6 U.S.C. 193) the following new section: ``SEC. 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director selected under subsection (c)(1). ``(2) International cooperative activities.--The term `international cooperative activities' includes-- ``(A) coordinated research projects, joint research projects, or joint ventures; ``(B) joint studies or technical demonstrations; ``(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; ``(D) training of scientists and engineers; ``(E) visits and exchanges of scientists, engineers, or other appropriate personnel; ``(F) exchanges or sharing of scientific and technological information; and ``(G) joint use of laboratory facilities and equipment. ``(3) Under secretary.--The term `Under Secretary' means the Under Secretary for Science and Technology of the Department of Homeland Security. ``(4) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ``(b) International Cooperative Activities.-- ``(1) Authorization.--The Under Secretary is authorized to carry out international cooperative activities to support the responsibilities specified under section 302. ``(2) Mechanisms and equitability.--In carrying out this section, the Under Secretary may award grants to and enter into cooperative agreements or contracts with United States governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. The Under Secretary shall ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complementary activities, or through provision of staff, facilities, materials, or equipment. ``(3) Cooperation.--The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies. ``(4) Foreign partners.--Under this section, the Under Secretary may form partnerships with United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, Singapore, and other countries as appropriate. ``(5) Exotic diseases.--As part of the international cooperative activities authorized in this section, the Under Secretary may facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including nations in Africa, to strengthen American preparedness against threats to the Nation's agricultural and public health sectors from exotic diseases. ``(c) Program and Director.-- ``(1) Establishment.--The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. The Program shall be headed by a Director, who shall be selected by and shall report to the Under Secretary. ``(2) Responsibilities of the director.-- ``(A) Development of mechanisms.--The Director shall be responsible for developing, in consultation with the Department of State and in coordination with other Federal agencies, mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. ``(B) Identification of partners.--The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. ``(C) Coordination.--The Director shall ensure that the activities under this subsection are coordinated with those of other components of the Department and of other relevant research agencies. ``(D) Conferences and workshops.--The Director, periodically, shall support the planning and execution of international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals. ``(3) Program manager authority.--This subsection shall not be construed to limit the ability of a program manager to initiate or carry out international cooperative activities provided that such activities are appropriately coordinated with the Program established under this subsection. ``(d) Budget Allocation.--There are authorized to be appropriated to the Secretary, to be derived from amounts otherwise authorized for the Directorate of Science and Technology, $25,000,000 for each of the fiscal years 2007 through 2010 for activities under this section. ``(e) Report to Congress on International Cooperative Activities.-- ``(1) Initial report.--Not later than 180 days after the date of enactment of this section, the Under Secretary, acting through the Director, shall transmit to the Congress a report containing-- ``(A) a brief description of each partnership formed under subsection (b)(4), including the participants, goals, and amount and sources of funding; and ``(B) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding. ``(2) Updates.--At the end of the fiscal year that occurs 5 years after the transmittal of the report under subsection (a), and every 5 years thereafter, the Under Secretary, acting through the Director, shall transmit to the Congress an update of the report required under subsection (a).''. (b) Table of Contents Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by adding after the item relating to section 313 the following new item: ``Sec. 314. Promoting antiterrorism through international cooperation program.''. Passed the House of Representatives September 26, 2006. Attest: KAREN L. HAAS, Clerk.

Promoting Antiterrorism Capabilities Through International Cooperation Act - Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to carry out international cooperative activities and, in carrying out such activities, to: (1) conduct such activities jointly with other agencies. (2) award grants and enter into cooperative agreements or contracts with US governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. (3) form partnerships with US allies in the global war on terrorism. And (4) facilitate the development of information sharing and other cooperative mechanisms with foreign countries to strengthen American preparedness against threats to the nation's agricultural and public health sectors from exotic diseases. Directs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization. Directs the Under Secretary to establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. Provides that the Program shall be headed by a Director, who shall be responsible for developing mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Requires the Director to: (1) facilitate the matching of US entities with non-US entities that may partner in homeland security research activities. (2) ensure that activities are coordinated with those of other DHS components and other relevant research agencies. And (3) periodically support the planning and execution of international homeland security technology workshops and conferences. Authorizes appropriations to the Secretary, to be derived from amounts otherwise authorized for the Directorate, for international cooperative activities for each of FY2007-FY2010. Requires the Under Secretary, acting through the Director, to report to Congress every five years on partnerships formed and international cooperative activities underway.

To establish a capability and office to promote cooperation between entities of the United States and its allies in the global war on terrorism for the purpose of engaging in cooperative endeavors focused on the research, development, and commercialization of high-priority technologies intended to detect, prevent, respond to, recover from, and mitigate against acts of terrorism and other high consequence events and to address the homeland security needs of Federal, State, and local governments.

9,825

2,302

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Promoting Antiterrorism Capabilities Through International Cooperation Act". <SECTION-HEADER> FINDINGS. The Congress finds the following: The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy. The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of technologies that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism. Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security. The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial technologies in the areas of defense, agriculture, and telecommunications. The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. The establishment of a program to facilitate and support cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events. <SECTION-HEADER> PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT. In General. The Homeland Security Act of 2002 is amended by inserting after section 313 the following new section: "Section 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM. Definitions. In this section: Director. The term `Director' means the Director selected under subsection (c)(1). International cooperative activities. The term `international cooperative activities' includes coordinated research projects, joint research projects, or joint ventures, joint studies or technical demonstrations, coordinated field exercises, scientific seminars, conferences, symposia, and workshops, training of scientists and engineers, visits and exchanges of scientists, engineers, or other appropriate personnel, exchanges or sharing of scientific and technological information. And joint use of laboratory facilities and equipment. Under secretary. The term `Under Secretary' means the Under Secretary for Science and Technology of the Department of Homeland Security. Institution of higher education. The term `institution of higher education' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 USC. 1001(a)). International Cooperative Activities. Authorization. The Under Secretary is authorized to carry out international cooperative activities to support the responsibilities specified under section 302. Mechanisms and equitability. In carrying out this section, the Under Secretary may award grants to and enter into cooperative agreements or contracts with United States governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. The Under Secretary shall ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complementary activities, or through provision of staff, facilities, materials, or equipment. Cooperation. The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies. Foreign partners. Under this section, the Under Secretary may form partnerships with United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, Singapore, and other countries as appropriate. Exotic diseases. As part of the international cooperative activities authorized in this section, the Under Secretary may facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including nations in Africa, to strengthen American preparedness against threats to the Nation's agricultural and public health sectors from exotic diseases. Program and Director. Establishment. The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. The Program shall be headed by a Director, who shall be selected by and shall report to the Under Secretary. Responsibilities of the director. Development of mechanisms. The Director shall be responsible for developing, in consultation with the Department of State and in coordination with other Federal agencies, mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Identification of partners. The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. Coordination. The Director shall ensure that the activities under this subsection are coordinated with those of other components of the Department and of other relevant research agencies. Conferences and workshops. The Director, periodically, shall support the planning and execution of international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals. Program manager authority. This subsection shall not be construed to limit the ability of a program manager to initiate or carry out international cooperative activities provided that such activities are appropriately coordinated with the Program established under this subsection. Budget Allocation. There are authorized to be appropriated to the Secretary, to be derived from amounts otherwise authorized for the Directorate of Science and Technology, $25,000,000 for each of the fiscal years 2007 through 2010 for activities under this section. Report to Congress on International Cooperative Activities. Initial report. Not later than 180 days after the date of enactment of this section, the Under Secretary, acting through the Director, shall transmit to the Congress a report containing a brief description of each partnership formed under subsection (b)(4), including the participants, goals, and amount and sources of funding. And a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding. Updates. At the end of the fiscal year that occurs 5 years after the transmittal of the report under subsection (a), and every 5 years thereafter, the Under Secretary, acting through the Director, shall transmit to the Congress an update of the report required under subsection (a).". Table of Contents Amendment. The table of contents of the Homeland Security Act of 2002 is amended by adding after the item relating to section 313 the following new item: "Section 314. Promoting antiterrorism through international cooperation program.". Passed the House of Representatives September 26, 2006. Attest: KAREN L. HAAS, Clerk.

Promoting Antiterrorism Capabilities Through International Cooperation Act - Amends the Homeland Security Act of 2002 to authorize the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to carry out international cooperative activities and, in carrying out such activities, to: (1) conduct such activities jointly with other agencies. (2) award grants and enter into cooperative agreements or contracts with US governmental organizations, businesses, federally funded research and development centers, institutions of higher education, and foreign public or private entities. (3) form partnerships with US allies in the global war on terrorism. And (4) facilitate the development of information sharing and other cooperative mechanisms with foreign countries to strengthen American preparedness against threats to the nation's agricultural and public health sectors from exotic diseases. Directs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization. Directs the Under Secretary to establish the Science and Technology Homeland Security International Cooperative Program to facilitate international cooperative activities throughout the Science and Technology Directorate. Provides that the Program shall be headed by a Director, who shall be responsible for developing mechanisms and legal frameworks to allow and to support international cooperative activities in support of homeland security research. Requires the Director to: (1) facilitate the matching of US entities with non-US entities that may partner in homeland security research activities. (2) ensure that activities are coordinated with those of other DHS components and other relevant research agencies. And (3) periodically support the planning and execution of international homeland security technology workshops and conferences. Authorizes appropriations to the Secretary, to be derived from amounts otherwise authorized for the Directorate, for international cooperative activities for each of FY2007-FY2010. Requires the Under Secretary, acting through the Director, to report to Congress every five years on partnerships formed and international cooperative activities underway.

To establish a capability and office to promote cooperation between entities of the United States and its allies in the global war on terrorism for the purpose of engaging in cooperative endeavors focused on the research, development, and commercialization of high-priority technologies intended to detect, prevent, respond to, recover from, and mitigate against acts of terrorism and other high consequence events and to address the homeland security needs of Federal, State, and local governments.

114_hr3173

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Conservation and Outdoor Recreation Enhancement Act''. SEC. 2. SENSE OF CONGRESS REGARDING NATIONAL FISH HABITAT INITIATIVE. It is the sense of Congress that-- (1) the mission of the National Fish Habitat Initiative is to protect, restore, and enhance the Nation's fish populations through partnerships that foster fish habitat conservation and improve the quality of life for the American people; (2) the national network of Fish Habitat Partnerships established under the National Fish Habitat Initiative-- (A) promotes intact and healthy fish habitats; (B) encourages community-based projects with a goal of ensuring a broad diversity of fish and fish populations; and (C) supports the economic significance of fish habitat resources and the recreational, subsistence, and commercial fishing linked to these resources in the United States; and (3) the enactment by Congress of implementing legislation for the National Fish Habitat Initiative would ensure continued Federal support for the ongoing activities of the National Fish Habitat Partnerships. SEC. 3. FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION. The Federal Land Transaction Facilitation Act is amended-- (1) in section 203(1) (43 U.S.C. 2302(1)), by striking ``cultural, or'' and inserting ``cultural, recreational access and use, or other''; (2) in section 203(2) in the matter preceding subparagraph (A), by striking ``on the date of enactment of this Act was'' and inserting ``is''; (3) in section 205 (43 U.S.C. 2304)-- (A) in subsection (a), by striking ``section 206'' and all that follows through the period and inserting the following: ``section 206-- ``(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); ``(2) not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2015, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and ``(3) to maintain the database referred to in paragraph (2).''; and (B) in subsection (d), by striking ``11'' and inserting ``22''; (4) in section 206(c)(2) (43 U.S.C. 2305(c)(2)), by adding at the end the following: ``(E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.''; (5) in section 206(c)(3) (43 U.S.C. 2305(c)(3))-- (A) by inserting after subparagraph (A) the following: ``(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;''; and (B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); (6) in section 206(f) (43 U.S.C. 2305(f)), by amending paragraph (2) to read as follows: ``(2) any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).''; and (7) in section 207(b) (43 U.S.C. 2306(b))-- (A) in paragraph (1)-- (i) by striking ``96-568'' and inserting ``96-586''; and (ii) by striking ``; or'' and inserting a semicolon; (B) in paragraph (2)-- (i) by inserting ``Public Law 105-263;'' before ``112 Stat.''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109-432; 120 Stat. 3028); ``(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111- 11); ``(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111-11); ``(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1108); or ``(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1121).''. SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION. Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking ``not to exceed--'' and all that follows through paragraph (5) and inserting ``not to exceed $50,000,000 for each of fiscal years 2016 through 2020.''. SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT REAUTHORIZATION. (a) Board of Directors of the Foundation.-- (1) In general.--Section 3 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended-- (A) in subsection (b)-- (i) by striking paragraph (2) and inserting the following: ``(2) In general.--After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall-- ``(A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and ``(B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.''; and (ii) by striking paragraph (3) and inserting the following: ``(3) Terms.--Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.''; and (B) in subsection (g)(2)-- (i) in subparagraph (A), by striking ``(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers'' and inserting the following: ``(A) In general.--Officers''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Executive director.--The Foundation shall have an Executive Director who shall be-- ``(i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and ``(ii) knowledgeable and experienced in matters relating to fish and wildlife conservation.''. (2) Conforming amendment.--Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is amended by striking ``Secretary of the Board'' and inserting ``Executive Director of the Board''. (b) Rights and Obligations of the Foundation.--Section 4 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703) is amended-- (1) in subsection (c)-- (A) by striking ``(c) Powers.--To carry out its purposes under'' and inserting the following: ``(c) Powers.-- ``(1) In general.--To carry out the purposes described in''; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking ``that are insured by an agency or instrumentality of the United States'' and inserting ``at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation''; (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking ``paragraph (3) or (4)'' and inserting ``subparagraph (C) or (D)''; (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ``; and'' and inserting a semicolon; (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: ``(K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and ``(L) to do acts necessary to carry out the purposes of the Foundation.''; and (G) by striking the undesignated matter at the end and inserting the following: ``(2) Treatment of real property.-- ``(A) In general.--For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ``(B) Encumbered real property.--A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. ``(3) Savings clause.--The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.''; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (c) Authorization of Appropriations.--Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) In general.--There are authorized to be appropriated to carry out this Act for each of fiscal years 2016 through 2020-- ``(A) $15,000,000 to the Secretary of the Interior; ``(B) $5,000,000 to the Secretary of Agriculture; and ``(C) $5,000,000 to the Secretary of Commerce.''; (2) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Amounts from federal agencies.-- ``(A) In general.--In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. ``(B) Advances.--Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. ``(C) Management fees.--The Foundation may assess and collect fees for the management of amounts received under this paragraph.''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``funds'' and inserting ``amounts''; (ii) by striking ``shall be used'' and inserting ``may be used''; and (iii) by striking ``and State and local government agencies'' and inserting ``, State and local government agencies, and other entities''; and (C) by adding at the end the following: ``(3) Administration of amounts.-- ``(A) In general.--In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is-- ``(i) to address an environmental emergency resulting from a natural or other disaster; or ``(ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. ``(B) Reports.--The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.''; and (3) by adding at the end the following: ``(d) Use of Gifts, Devises, or Bequests of Money or Other Property.--Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.''. (d) Limitation on Authority.--Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting ``exclusive'' before ``authority''. SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT REAUTHORIZATION. The Neotropical Migratory Bird Conservation Act is amended-- (1) in section 9(c)(2) (16 U.S.C. 6108(c)(2)), by striking ``3'' and inserting ``4''; and (2) by amending section 10 (16 U.S.C. 6109) to read as follows: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this Act $6,500,000 for each of fiscal years 2016 through 2020. ``(b) Use of Funds.--Of the amounts made available under subsection (a) for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United States.''. SEC. 7. PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT REAUTHORIZATION. Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C. 3774) is amended by striking ``2011'' and inserting ``2020''. SEC. 8. MAKING PUBLIC LANDS PUBLIC. (a) Availability of Funds.--Section 200303 of title 54, United States Code, is amended to read as follows: ``Sec. 200303. Availability of funds for certain projects ``Notwithstanding any other provision of this Act, the Secretary and the Secretary of Agriculture shall ensure that, of the amounts appropriated for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.''. (b) Conforming Amendments.-- (1) Availability of deposits.--Section 200302(c)(3) of title 54, United States Code, is amended by striking ``Notwithstanding section 200303 of this title, money'' and inserting ``Money''. (2) Contracts for acquisition of land and water.--Section 200308 of title 54, United States Code, is amended in the first sentence, by striking ``by section 200303 of this title''. (3) Contracts for options to acquire land and water in system.--Section 200309 of title 54, United States Code, is amended in the third sentence by striking ``by section 200303 of this title''.

Sportsmen's Conservation and Outdoor Recreation Enhancement Act This bill reauthorizes several programs supporting the conservation of wildlife habitat. The bill amends the Federal Land Transaction Facilitation Act by extending until July 25, 2022, the Department of the Interior's authority to sell certain public land and use the proceeds from those sales for acquiring land located within or adjacent to federal lands. When prioritizing the acquisition of inholdings and nonfederal lands with exceptional resources, Interior and the Department of Agriculture (USDA) must consider the extent to which an acquisition of land would increase the public availability of resources for, and the public's access to, hunting, fishing, and other recreational activities. The bill also removes from the scope of the Act land that is eligible for sale under specified public land laws. The bill reauthorizes through FY2020 the North American Wetlands Conservation Act and the Partners for Fish and Wildlife Act. The bill reauthorizes through FY2020 and revises the National Fish and Wildlife Foundation Establishment Act and the Neotropical Migratory Bird Conservation Act. Interior and USDA must ensure that specified amounts from the Land and Water Conservation Fund are made available each year for securing public access to federal land for hunting, fishing, and other recreational purposes through land transactions.

Sportsmen's Conservation and Outdoor Recreation Enhancement Act

19,786

1,412

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Sportsmen's Conservation and Outdoor Recreation Enhancement Act". <SECTION-HEADER> SENSE OF CONGRESS REGARDING NATIONAL FISH HABITAT INITIATIVE. It is the sense of Congress that the mission of the National Fish Habitat Initiative is to protect, restore, and enhance the Nation's fish populations through partnerships that foster fish habitat conservation and improve the quality of life for the American people. The national network of Fish Habitat Partnerships established under the National Fish Habitat Initiative promotes intact and healthy fish habitats. Encourages community-based projects with a goal of ensuring a broad diversity of fish and fish populations. And supports the economic significance of fish habitat resources and the recreational, subsistence, and commercial fishing linked to these resources in the United States. And the enactment by Congress of implementing legislation for the National Fish Habitat Initiative would ensure continued Federal support for the ongoing activities of the National Fish Habitat Partnerships. <SECTION-HEADER> FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION. The Federal Land Transaction Facilitation Act is amended in section 203(1) (43 USC. 2302(1)), by striking "cultural, or" and inserting "cultural, recreational access and use, or other". In section 203(2) in the matter preceding subparagraph , by striking "on the date of enactment of this Act was" and inserting "is". In section 205 in subsection (a), by striking "section 206" and all that follows through the period and inserting the following: "section 206 to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976. Not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2015, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1), and to maintain the database referred to in paragraph .", and in subsection (d), by striking "11" and inserting "22". In section 206(c)(2) (43 USC. 2305(c)(2)), by adding at the end the following: Any funds made available under subparagraph that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.". In section 206(c)(3) (43 USC. 2305(c)(3)) by inserting after subparagraph (A) the following: the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities, ". And by redesignating subparagraphs (B), (C), and as subparagraphs (C), (D), and (E). In section 206(f) (43 USC. 2305(f)), by amending paragraph (2) to read as follows: any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt .". And in section 207(b) (43 USC. 2306(b)) in paragraph (1) by striking "96-568" and inserting "96-586", and by striking ", or" and inserting a semicolon, in paragraph (2) by inserting "Public Law 105-263, " before "112 Stat.". And by striking the period at the end and inserting a semicolon. And by adding at the end the following: the White Pine County Conservation, Recreation, and Development Act of 2006, the Lincoln County Conservation, Recreation, and Development Act of 2004. Subtitle F of title I of the Omnibus Public Land Management Act of 2009. Subtitle O of title I of the Omnibus Public Land Management Act of 2009. Section 2601 of the Omnibus Public Land Management Act of 2009. Or section 2606 of the Omnibus Public Land Management Act of 2009 .". <SECTION-HEADER> NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION. Section 7(c) of the North American Wetlands Conservation Act (16 USC. 4406(c)) is amended by striking "not to exceed " and all that follows through paragraph (5) and inserting "not to exceed $50,000,000 for each of fiscal years 2016 through 2020.". <SECTION-HEADER> NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT REAUTHORIZATION. Board of Directors of the Foundation. In general. Section 3 of the National Fish and Wildlife Foundation Establishment Act is amended in subsection (b) by striking paragraph (2) and inserting the following: In general. After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources. And represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation.". And by striking paragraph (3) and inserting the following: Terms. Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years.". And in subsection (g)(2) in subparagraph (A), by striking "(A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers" and inserting the following: In general. Officers". And by striking subparagraph (B) and inserting the following: Executive director. The Foundation shall have an Executive Director who shall be appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation. And knowledgeable and experienced in matters relating to fish and wildlife conservation.". Conforming amendment. Section 4(a)(1)(B) of the North American Wetlands Conservation Act (16 USC. 4403(a)(1)(B)) is amended by striking "Secretary of the Board" and inserting "Executive Director of the Board". Rights and Obligations of the Foundation. Section 4 of the National Fish and Wildlife Foundation Establishment Act is amended in subsection (c) by striking "(c) Powers. To carry out its purposes under" and inserting the following: Powers. In general. To carry out the purposes described in". By redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately. In subparagraph (D) (as redesignated by subparagraph (B)), by striking "that are insured by an agency or instrumentality of the United States" and inserting "at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation". In subparagraph (E) (as redesignated by subparagraph (B)), by striking "paragraph (3) or (4)" and inserting "subparagraph (C) or (D)". In subparagraph (J) (as redesignated by subparagraph (B)), by striking ", and" and inserting a semicolon. By striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. And to do acts necessary to carry out the purposes of the Foundation.". And by striking the undesignated matter at the end and inserting the following: Treatment of real property. In general. For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. Encumbered real property. A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. Savings clause. The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts.", by striking subsections (f) and (g). And by redesignating subsections (h) and (i) as subsections and (g), respectively. Authorization of Appropriations. Section 10 of the National Fish and Wildlife Foundation Establishment Act is amended in subsection (a), by striking paragraph (1) and inserting the following: In general. There are authorized to be appropriated to carry out this Act for each of fiscal years 2016 through 2020 $15,000,000 to the Secretary of the Interior, $5,000,000 to the Secretary of Agriculture, and $5,000,000 to the Secretary of Commerce.". In subsection (b) by striking paragraph (1) and inserting the following: Amounts from federal agencies. In general. In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. Advances. Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. Management fees. The Foundation may assess and collect fees for the management of amounts received under this paragraph.". In paragraph (2) in the paragraph heading, by striking "funds" and inserting "amounts", by striking "shall be used" and inserting "may be used". And by striking "and State and local government agencies" and inserting ", State and local government agencies, and other entities". And by adding at the end the following: Administration of amounts. In general. In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is to address an environmental emergency resulting from a natural or other disaster. Or as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. Reports. The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year.". And by adding at the end the following: Use of Gifts, Devises, or Bequests of Money or Other Property. Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended , without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.". Limitation on Authority. Section 11 of the National Fish and Wildlife Foundation Establishment Act is amended by inserting "exclusive" before "authority". <SECTION-HEADER> NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT REAUTHORIZATION. The Neotropical Migratory Bird Conservation Act is amended in section 9(c)(2) (16 USC. 6108(c)(2)), by striking "3" and inserting "4". And by amending section 10 to read as follows: "Section 10. AUTHORIZATION OF APPROPRIATIONS. In General. There is authorized to be appropriated to carry out this Act $6,500,000 for each of fiscal years 2016 through 2020. Use of Funds. Of the amounts made available under subsection for each fiscal year, not less than 75 percent shall be expended for projects carried out at a location outside of the United States.". <SECTION-HEADER> PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT REAUTHORIZATION. Section 5 of the Partners for Fish and Wildlife Act is amended by striking "2011" and inserting "2020". <SECTION-HEADER> MAKING PUBLIC LANDS PUBLIC. Availability of Funds. Section 200303 of title 54, United States Code, is amended to read as follows: "Section 200303. Availability of funds for certain projects "Notwithstanding any other provision of this Act, the Secretary and the Secretary of Agriculture shall ensure that, of the amounts appropriated for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.". Conforming Amendments. Availability of deposits. Section 200302(c)(3) of title 54, United States Code, is amended by striking "Notwithstanding section 200303 of this title, money" and inserting "Money". Contracts for acquisition of land and water. Section 200308 of title 54, United States Code, is amended in the first sentence, by striking "by section 200303 of this title". Contracts for options to acquire land and water in system. Section 200309 of title 54, United States Code, is amended in the third sentence by striking "by section 200303 of this title".

Sportsmen's Conservation and Outdoor Recreation Enhancement Act This bill reauthorizes several programs supporting the conservation of wildlife habitat. The bill amends the Federal Land Transaction Facilitation Act by extending until July 25, 2022, the Department of the Interior's authority to sell certain public land and use the proceeds from those sales for acquiring land located within or adjacent to federal lands. When prioritizing the acquisition of inholdings and nonfederal lands with exceptional resources, Interior and the Department of Agriculture (USDA) must consider the extent to which an acquisition of land would increase the public availability of resources for, and the public's access to, hunting, fishing, and other recreational activities. The bill also removes from the scope of the Act land that is eligible for sale under specified public land laws. The bill reauthorizes through FY2020 the North American Wetlands Conservation Act and the Partners for Fish and Wildlife Act. The bill reauthorizes through FY2020 and revises the National Fish and Wildlife Foundation Establishment Act and the Neotropical Migratory Bird Conservation Act. Interior and USDA must ensure that specified amounts from the Land and Water Conservation Fund are made available each year for securing public access to federal land for hunting, fishing, and other recreational purposes through land transactions.

Sportsmen's Conservation and Outdoor Recreation Enhancement Act

105_hr2442

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997''. Sec. 2. (a) Section 240A, subsection (e), of the Immigration and Nationality Act is amended-- (1) in the first sentence, by striking ``this section'' and inserting in lieu thereof ``section 240A(b)(1)''; (2) by striking ``, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility act of 1996),''; and (3) by striking the last sentence in the subsection and inserting in lieu thereof ``The previous sentence shall apply only to removal cases commenced on or after April 1, 1997, including cases where the Attorney General exercises authority pursuant to paragraph (2) or (3) of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009).''. (b) Section 309, subsection (c), of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009) is amended by striking paragraph (7). (c) Section 240A of the Immigration and Nationality Act is amended-- (1) in subsection (b), paragraph (3), by striking ``(1) or (2)'' in the first and third sentences of that paragraph and inserting in lieu thereof ``(1), (2), or (3)''; (2) in subsection (b), by redesignating paragraph (3) as paragraph (4); (3) in subsection (d), paragraph (1), by striking ``this section.'' and inserting in lieu thereof ``subsections (a), (b)(1), and (b)(2).''; and (4) in subsection (b), by adding after paragraph (2) the following new paragraph: ``(3) Special rule for certain aliens.-- ``(A) The Attorney General may, in his or her discretion, cancel removal and adjust the status from such cancellation in the case of an alien who is removable from the United States if the alien demonstrates that-- ``(i) the alien has not been convicted at any time of an aggravated felony, and-- ``(I) is a Haitian-- ``(aa) who filed an application for asylum with the Immigration and Naturalization Service before October 15, 1994, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997; or ``(bb) who was paroled into the United States prior to October 15, 1994, to file an application for asylum; ``(II) was not apprehended after December 19, 1990, at the time of entry, and is either-- ``(aa) a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the ABC settlement agreement on or before October 31, 1991, or applied for Temporary Protected Status on or before October 31, 1991; or ``(bb) a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to the ABC settlement agreement by December 31, 1991; or ``(cc) the spouse or unmarried son or daughter of an alien described in (aa) who entered the United States on or before September 19, 1990, or the spouse or unmarried son or daughter of an alien described in (bb) who entered the United States on or before October 1, 1990; or ``(III) is a Nicaraguan, Guatemalan, or Salvadoran who filed an application for asylum with the Immigration and Naturalization Service before April 1, 1990, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997; and ``(ii) the alien is not described in paragraph (4) of section 237(a) or paragraph (3) of section 212(a) of the Act; and ``(iii) the alien-- ``(I) is removable under any law of the United States except the provisions specified in subclause (II) of this clause, has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or ``(II) is removable under paragraph (2) (other than section 237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of section 237(a), or paragraph (2) of section 212(a), has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent or child, who is a citizen of the United States, or an alien lawfully admitted for permanent residence. ``(B) Subsection (d) of this section shall not apply to determinations under this paragraph, and an alien shall not be considered to have failed to maintain continuous physical presence in the United States under clause (A)(iii) of this paragraph if the alien demonstrates that the absence from the United States was brief, casual, and innocent, and did not meaningfully interrupt the continuous physical presence.''. (d) The amendments made by this section shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009). Sec. 3. Any alien who has become eligible for suspension of deportation or cancellation of removal as a result of the amendments made by section 2, may, notwithstanding any other limitations on motions to reopen imposed by the Immigration and Nationality Act or by regulation, file one motion to reopen to apply for suspension of deportation or cancellation of removal. The Attorney General shall designate a specific time period in which all such motions to reopen must be filed. The period must begin no later than 120 days after the date of enactment of this Act and shall extend for a period of 180 days.

Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal and adjust the status of certain Haitian and Central American aliens.

Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997

10,313

249

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997". <SECTION-HEADER> (a) Section 240A, subsection (e), of the Immigration and Nationality Act is amended in the first sentence, by striking "this section" and inserting in lieu thereof "section 240A(b)(1)". By striking ", nor suspend the deportation and adjust the status under section 244(a) ,". And by striking the last sentence in the subsection and inserting in lieu thereof "The previous sentence shall apply only to removal cases commenced on or after April 1, 1997, including cases where the Attorney General exercises authority pursuant to paragraph (2) or (3) of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 .". Section 309, subsection (c), of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by striking paragraph (7). Section 240A of the Immigration and Nationality Act is amended in subsection (b), paragraph (3), by striking "(1) or " in the first and third sentences of that paragraph and inserting in lieu thereof "(1), (2), or (3)", in subsection (b), by redesignating paragraph (3) as paragraph (4). In subsection (d), paragraph (1), by striking "this section." and inserting in lieu thereof "subsections (a), (1), and (b)(2).". And in subsection (b), by adding after paragraph (2) the following new paragraph: Special rule for certain aliens. The Attorney General may, in his or her discretion, cancel removal and adjust the status from such cancellation in the case of an alien who is removable from the United States if the alien demonstrates that the alien has not been convicted at any time of an aggravated felony, and is a Haitian who filed an application for asylum with the Immigration and Naturalization Service before October 15, 1994, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997. Or who was paroled into the United States prior to October 15, 1994, to file an application for asylum. Was not apprehended after December 19, 1990, at the time of entry, and is either a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the ABC settlement agreement on or before October 31, 1991, or applied for Temporary Protected Status on or before October 31, 1991. Or a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to the ABC settlement agreement by December 31, 1991. Or the spouse or unmarried son or daughter of an alien described in (aa) who entered the United States on or before September 19, 1990, or the spouse or unmarried son or daughter of an alien described in (bb) who entered the United States on or before October 1, 1990. Or is a Nicaraguan, Guatemalan, or Salvadoran who filed an application for asylum with the Immigration and Naturalization Service before April 1, 1990, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997. And the alien is not described in paragraph (4) of section 237(a) or paragraph of section 212(a) of the Act. And the alien is removable under any law of the United States except the provisions specified in subclause (II) of this clause, has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence. Or is removable under paragraph (other than section 237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of section 237(a), or paragraph (2) of section 212(a), has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent or child, who is a citizen of the United States, or an alien lawfully admitted for permanent residence. Subsection (d) of this section shall not apply to determinations under this paragraph, and an alien shall not be considered to have failed to maintain continuous physical presence in the United States under clause (A)(iii) of this paragraph if the alien demonstrates that the absence from the United States was brief, casual, and innocent, and did not meaningfully interrupt the continuous physical presence.". The amendments made by this section shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 . <SECTION-HEADER> Any alien who has become eligible for suspension of deportation or cancellation of removal as a result of the amendments made by section 2, may, notwithstanding any other limitations on motions to reopen imposed by the Immigration and Nationality Act or by regulation, file one motion to reopen to apply for suspension of deportation or cancellation of removal. The Attorney General shall designate a specific time period in which all such motions to reopen must be filed. The period must begin no later than 120 days after the date of enactment of this Act and shall extend for a period of 180 days.

Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal and adjust the status of certain Haitian and Central American aliens.

Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997

105_s2182

SECTION 1. TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES. (a) Permitted Open Access Transactions Not a Private Business Use.--Section 141(b)(6) of the Internal Revenue Code of 1986 (defining private business use) is amended by adding at the end the following: ``(C) Permitted open access transactions not a private business use.-- ``(i) In general.--For purposes of this subsection, the term `private business use' shall not include a permitted open access transaction. ``(ii) Permitted open access transaction defined.--For purposes of clause (i), the term `permitted open access transaction' means any of the following transactions or activities with respect to an electric output facility (as defined in subsection (f)(5)(A)) owned or leased by a governmental unit or in which a governmental unit has capacity rights: ``(I) Providing open access transmission services and ancillary services that meet the reciprocity requirements of Federal Energy Regulatory Commission Order No. 888, or that are ordered by the Federal Energy Regulatory Commission, or that are provided in accordance with a transmission tariff of an independent system operator approved by such Commission, or are consistent with state administered laws, rules or orders providing for open transmission access. ``(II) Participation in an independent system operator agreement, regional transmission group, or power exchange agreement approved by such Commission. ``(III) Delivery on an open access basis of electric energy sold by other entities to end-users served by such governmental unit's distribution facilities. ``(IV) If open access service is provided under subclause (I) or (III), the sale of electric output of electric output facilities on terms other than those available to the general public if such sale is (1) to an on-system purchaser, (2) an existing off-system sale, or (3) a qualifying load loss sale. ``(V) Such other transactions or activities as may be provided in regulations prescribed by the Secretary. ``(iii) Qualifying load loss sale.--For purposes of clause (ii)(IV), a sale of electric energy by a governmental unit is a qualifying load loss sale in any calendar year after 1997, if it is a new off-system sale, and the aggregate of new off-system sales in such year does not exceed lost load, and if the term of the sale does not exceed three years, and such governmental unit has elected under subsection (f)(2) to suspend issuance of certain tax- exempt bonds for not less than the term of the sale (or for any period equal to the term of the sale that includes the first year of the sale). ``(iv) Other definitions; special rules.-- For purposes of this subparagraph-- ``(I) On-system purchaser.--The term `on-system purchaser' means a person who purchases electric energy from a governmental unit and who is directly connected with transmission or distribution facilities that are owned or leased by such governmental unit or in which such governmental unit has capacity rights that are treated under FERC tariffs or existing contracts as equivalent to ownership. ``(II) Off-system purchaser.--The term `off-system purchaser' means a purchaser of electric energy from a governmental unit other than an on- system purchaser. ``(III) Existing off-system sale.-- The term `existing off-system sale' means a sale of electric energy to a person that was an off-system purchaser of electric energy in the base year, but not in excess of the KWH purchased by such person in such year. ``(IV) New off-system sale.--The term `new off-system sale' means an off-system sale other than an existing off-system sale. ``(V) Lost load.--The term `lost load' for the purposes of determining qualifying load loss sales for any year, means the amount (if any) by which (1) the sum of on-system sales of electric energy and existing off-system sales of electric energy in such year is less than (2) the sum of such sales of electric energy in the base year. ``(VI) Base year.--The term `base year' means 1997 (or, at the election of such unit, in 1995 or 1996). ``(VII) Joint action agencies.--A member of a joint action agency that is entitled to make a qualifying load loss sale in a year may transfer that entitlement to the joint action agency in accordance with rules of the Secretary.''. (b) Election To Terminate Tax Exempt Financing.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by adding at the end the following: ``(f) Election To Terminate or Suspend Tax-Exempt Bond Financing for Certain Electric Output Facilities.-- ``(1) Termination election.--An issuer may make an irrevocable election under this paragraph to terminate certain tax-exempt financing for electric output facilities. If the issuer makes such election, then-- ``(A) except as provided in paragraph (3), no bond the interest on which is exempt from tax under section 103 may be issued on or after the date of such election with respect to an electric output facility; and ``(B) notwithstanding paragraph (1) or (2) of subsection (a) or paragraph (5) of subsection (b), with respect to an electric output facility no bond that was issued before the date of enactment of this subsection, the interest on which was exempt from tax on such date, shall be treated as a private activity bond, for so long as such facility continues to be owned by a governmental unit. ``(2) Suspension election.--For purposes of subsection (b)(6)(C)(iii), an issuer may elect to suspend certain tax- exempt financing for electric output facilities for a calendar year. If the issuer makes such election, then (except as provided in paragraph (3)) no bond, the interest on which is exempt from tax under section 103, may be issued in such calendar year with respect to an electric output facility. ``(3) Exceptions.--An election under paragraph (1) or (2) does not apply to-- ``(A) any qualified bond (as defined in subsection (e)), ``(B) any eligible refunding bond, or ``(C) any bond issued to finance a qualifying T&D facility, or ``(D) any bond issued to finance repairs or pollution control equipment for electric output facilities. Repairs cannot increase by more than a de minimis degree the capacity of the facility beyond its original design. ``(4) Form and effect of elections.--An election under paragraph (1) or (2) shall be made in such a manner as the Secretary prescribes and shall be binding on any successor in interest to the issuer. ``(5) Definitions.--For purposes of this subsection-- ``(A) Electric output facility.--The term `electric output facility' means an output facility that is an electric generation, transmission, or distribution facility. ``(B) Eligible refunding bond.--The term `eligible refunding bond' means state or local bonds issued after an election described in paragraph (1) or (2) that directly or indirectly refund state or local bonds issued before such election, if the weighted average maturity of the refunding bonds do not exceed the remaining weighted average maturity of the bonds issued before the election. ``(C) Qualifying t&d facility.--The term `qualifying T&D facility' means-- ``(i) transmission facilities over which services described in subsection (b)(6)(C)(ii)(I) are provided, or ``(ii) distribution facilities over which services described in subsection (b)(6)(C)(ii)(III) are provided.'' (c) Effective Date, Applicability, and Transition Rules.-- (1) Effective date.--The amendments made by this section take effect on the date of enactment of this Act, except that a governmental unit may elect to apply section 141(b)(6)(C) of the Internal Revenue Code of 1986, as added by subsection (a), with respect to permitted open access transactions on or after July 9, 1996. (2) Applicability.--References in the Act to sections of the Internal Revenue Code of 1986, as amended, shall be deemed to include references to comparable sections of the Internal Revenue Code of 1954, as amended. (3) Transition rules.-- (A) Private business use.--Any activity that was not a private business use prior to the effective date of the amendment made by subsection (a) shall not be deemed to be a private business use by reason of the enactment of such amendment. (B) Election.--An issuer making the election under section 141(f) of the Internal Revenue Code of 1986, as added by subsection (b), shall not be liable under any contract in effect on the date of enactment of this Act for any claim under section 141(f) of such Code arising from having made the election. (d) Short Title.--This Act may be cited as the ``Private Use Competition Reform Act of 1998''.

Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities.

A bill to amend the Internal Revenue Code of 1986 to provide tax-exempt bond financing of certain electric facilities.

13,436

354

<SECTION-HEADER> TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES. Permitted Open Access Transactions Not a Private Business Use. Section 141(b)(6) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Permitted open access transactions not a private business use. In general. For purposes of this subsection, the term `private business use' shall not include a permitted open access transaction. Permitted open access transaction defined. For purposes of clause (i), the term `permitted open access transaction' means any of the following transactions or activities with respect to an electric output facility (as defined in subsection (f)(5)(A)) owned or leased by a governmental unit or in which a governmental unit has capacity rights: Providing open access transmission services and ancillary services that meet the reciprocity requirements of Federal Energy Regulatory Commission Order No. 888, or that are ordered by the Federal Energy Regulatory Commission, or that are provided in accordance with a transmission tariff of an independent system operator approved by such Commission, or are consistent with state administered laws, rules or orders providing for open transmission access. Participation in an independent system operator agreement, regional transmission group, or power exchange agreement approved by such Commission. Delivery on an open access basis of electric energy sold by other entities to end-users served by such governmental unit's distribution facilities. If open access service is provided under subclause (I) or (III), the sale of electric output of electric output facilities on terms other than those available to the general public if such sale is (1) to an on-system purchaser, (2) an existing off-system sale, or (3) a qualifying load loss sale. Such other transactions or activities as may be provided in regulations prescribed by the Secretary. Qualifying load loss sale. For purposes of clause (ii)(IV), a sale of electric energy by a governmental unit is a qualifying load loss sale in any calendar year after 1997, if it is a new off-system sale, and the aggregate of new off-system sales in such year does not exceed lost load, and if the term of the sale does not exceed three years, and such governmental unit has elected under subsection (2) to suspend issuance of certain tax- exempt bonds for not less than the term of the sale . Other definitions. Special rules. For purposes of this subparagraph On-system purchaser. The term `on-system purchaser' means a person who purchases electric energy from a governmental unit and who is directly connected with transmission or distribution facilities that are owned or leased by such governmental unit or in which such governmental unit has capacity rights that are treated under FERC tariffs or existing contracts as equivalent to ownership. Off-system purchaser. The term `off-system purchaser' means a purchaser of electric energy from a governmental unit other than an on- system purchaser. Existing off-system sale. The term `existing off-system sale' means a sale of electric energy to a person that was an off-system purchaser of electric energy in the base year, but not in excess of the KWH purchased by such person in such year. New off-system sale. The term `new off-system sale' means an off-system sale other than an existing off-system sale. Lost load. The term `lost load' for the purposes of determining qualifying load loss sales for any year, means the amount by which (1) the sum of on-system sales of electric energy and existing off-system sales of electric energy in such year is less than (2) the sum of such sales of electric energy in the base year. Base year. The term `base year' means 1997 . Joint action agencies. A member of a joint action agency that is entitled to make a qualifying load loss sale in a year may transfer that entitlement to the joint action agency in accordance with rules of the Secretary.". Election To Terminate Tax Exempt Financing. Section 141 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Election To Terminate or Suspend Tax-Exempt Bond Financing for Certain Electric Output Facilities. Termination election. An issuer may make an irrevocable election under this paragraph to terminate certain tax-exempt financing for electric output facilities. If the issuer makes such election, then except as provided in paragraph (3), no bond the interest on which is exempt from tax under section 103 may be issued on or after the date of such election with respect to an electric output facility. And notwithstanding paragraph (1) or (2) of subsection (a) or paragraph (5) of subsection (b), with respect to an electric output facility no bond that was issued before the date of enactment of this subsection, the interest on which was exempt from tax on such date, shall be treated as a private activity bond, for so long as such facility continues to be owned by a governmental unit. Suspension election. For purposes of subsection (6)(C)(iii), an issuer may elect to suspend certain tax- exempt financing for electric output facilities for a calendar year. If the issuer makes such election, then (except as provided in paragraph (3)) no bond, the interest on which is exempt from tax under section 103, may be issued in such calendar year with respect to an electric output facility. Exceptions. An election under paragraph (1) or (2) does not apply to any qualified bond (as defined in subsection ), any eligible refunding bond, or any bond issued to finance a qualifying TD facility, or any bond issued to finance repairs or pollution control equipment for electric output facilities. Repairs cannot increase by more than a de minimis degree the capacity of the facility beyond its original design. Form and effect of elections. An election under paragraph (1) or (2) shall be made in such a manner as the Secretary prescribes and shall be binding on any successor in interest to the issuer. Definitions. For purposes of this subsection Electric output facility. The term `electric output facility' means an output facility that is an electric generation, transmission, or distribution facility. Eligible refunding bond. The term `eligible refunding bond' means state or local bonds issued after an election described in paragraph (1) or (2) that directly or indirectly refund state or local bonds issued before such election, if the weighted average maturity of the refunding bonds do not exceed the remaining weighted average maturity of the bonds issued before the election. Qualifying td facility. The term `qualifying TD facility' means transmission facilities over which services described in subsection (6)(C)(ii)(I) are provided, or distribution facilities over which services described in subsection (6)(C)(ii)(III) are provided." Effective Date, Applicability, and Transition Rules. Effective date. The amendments made by this section take effect on the date of enactment of this Act, except that a governmental unit may elect to apply section 141(b)(6)(C) of the Internal Revenue Code of 1986, as added by subsection (a), with respect to permitted open access transactions on or after July 9, 1996. Applicability. References in the Act to sections of the Internal Revenue Code of 1986, as amended, shall be deemed to include references to comparable sections of the Internal Revenue Code of 1954, as amended. Transition rules. Private business use. Any activity that was not a private business use prior to the effective date of the amendment made by subsection (a) shall not be deemed to be a private business use by reason of the enactment of such amendment. Election. An issuer making the election under section 141(f) of the Internal Revenue Code of 1986, as added by subsection (b), shall not be liable under any contract in effect on the date of enactment of this Act for any claim under section 141(f) of such Code arising from having made the election. Short Title. This Act may be cited as the "Private Use Competition Reform Act of 1998".

Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities.

A bill to amend the Internal Revenue Code of 1986 to provide tax-exempt bond financing of certain electric facilities.

113_hr3706

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Child Abuse Act Reauthorization Act of 2013''. SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. (a) Reauthorization.--Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is amended-- (1) in subsection (a), by striking ``$15,000,000 for each of fiscal years 2004 and 2005'' and inserting ``$17,500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018''; and (2) in subsection (b), by striking ``fiscal years 2004 and 2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and 2018''. (b) Accountability.--Subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended by adding at the end the following: ``SEC. 214C. ACCOUNTABILITY. ``All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. ``(B) Audit.--The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. ``(D) Priority.--In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. ``(E) Reimbursement.--If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall-- ``(i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Nonprofit organization requirements.-- ``(A) Definition.--For purposes of this paragraph, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Administrator may not award a grant under any grant program described in this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this subtitle and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. ``(3) Conference expenditures.-- ``(A) Limitation.--No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.''.

Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program. (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs. And (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an unresolved audit finding as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials.

Victims of Child Abuse Act Reauthorization Act of 2013

6,742

2,847

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Victims of Child Abuse Act Reauthorization Act of 2013". <SECTION-HEADER> IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. Reauthorization. Section 214B of the Victims of Child Abuse Act of 1990 is amended in subsection (a), by striking "$15,000,000 for each of fiscal years 2004 and 2005" and inserting "$17,500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018". And in subsection (b), by striking "fiscal years 2004 and 2005" and inserting "fiscal years 2014, 2015, 2016, 2017, and 2018". Accountability. Subtitle A of the Victims of Child Abuse Act of 1990 is amended by adding at the end the following: "Section 214C. ACCOUNTABILITY. "All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: Audit requirement. Definition. In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Audit. The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. Mandatory exclusion. A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. Priority. In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. Reimbursement. If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury. And seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. Nonprofit organization requirements. Definition. For purposes of this paragraph, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Prohibition. The Administrator may not award a grant under any grant program described in this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. Disclosure. Each nonprofit organization that is awarded a grant under this subtitle and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. Conference expenditures. Limitation. No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. Written approval. Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. Report. The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.".

Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program. (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs. And (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an unresolved audit finding as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials.

Victims of Child Abuse Act Reauthorization Act of 2013

111_s253

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix Housing First Homebuyer Tax Credit Act''. SEC. 2. EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT. (a) Elimination of First-Time Homebuyer Requirement.-- (1) In general.--Subsection (a) of section 36 of the Internal Revenue Code of 1986, as added by section 3011 of the Housing and Economic Recovery Act of 2008, is amended by striking ``who is a first-time homebuyer of a principal residence'' and inserting ``who purchases a principal residence''. (2) Conforming amendments.-- (A) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (B) Section 36 of such Code is amended by striking ``first-time homebuyer credit'' in the heading and inserting ``home purchase credit''. (C) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item: ``Sec. 36. Home purchase credit.''. (D) Subparagraph (W) of section 26(b)(2) of such Code is amended by striking ``homebuyer credit'' and inserting ``home purchase credit''. (b) Elimination of Recapture Except for Homes Sold Within 3 Years.--Subsection (f) of section 36 of the Internal Revenue Code of 1986, as so added, is amended to read as follows: ``(f) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 36 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 36-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (c) Expansion of Application Period.--Subsection (h) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking ``July 1, 2009'' and inserting ``December 31, 2009''. (d) Election To Treat Purchase in Prior Year.--Subsection (g) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking ``July 1, 2009'' and inserting ``December 31, 2009''. (e) Modification of Credit Amount.-- (1) In general.--Subparagraph (A) of section 36(b)(1) of the Internal Revenue Code of 1986, as so added, is amended by striking ``$7,500'' and inserting ``the amount that is 3.5 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), including any increase in the limitation for an area determined to be a high-cost area under such section, with respect to the purchase of the qualified principal residence''. (2) Conforming amendments.--Paragraph (1) of section 36(b) of such Code is amended-- (A) by striking ``$3,750'' in subparagraph (B) and inserting ``1.75 percent'', (B) by striking ``$7,500'' in subparagraph (B) and inserting ``3.5 percent'', and (C) by striking ``$7,500'' in subparagraph (C) and inserting ``the amount described in subparagraph (A)''. (f) Modification of Income Limitation.--Subclause (II) of section 36(b)(2)(i) of the Internal Revenue Code of 1986, as so added, is amended by striking ``$75,000 ($150,000 in the case of a joint return)'' and inserting ``$125,000 ($250,000 in the case of a joint return)''. (g) Availability of Credit for Transfer.--Section 36 of the Internal Revenue Code of 1986, as so added, is amended by redesignating subsections (g) and (h), as amended by this section, as subsections (h) and (i), respectively, and by inserting after subsection (f) the following new subsection: ``(g) Transfer of Credit.-- ``(1) In general.--A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of-- ``(A) the downpayment of any portion of the purchase price of the principal residence, ``(B) mortgage, flood, and hazard insurance premiums in connection with the purchase and paid at or before closing, ``(C) interest on any debt incurred to purchase the residence, ``(D) State and local real property taxes paid in connection with the purchase, and ``(E) funding fees paid to the Department of Veterans Affairs in connection with the purchase. ``(2) Credit transfer mechanism.-- ``(A) In general.--Not less than 60 days after the date of the enactment of this subsection, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to-- ``(i) certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer, ``(ii) certify the credit transfer amount which will be paid to the transferee, and ``(iii) require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount. Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased. For purposes of determining the credit transfer amount under clause (ii), the Secretary may estimate the taxpayer's modified adjusted gross income for the taxable year (as described in subsection (b)(2)) based on the taxpayer's modified adjusted gross income (as so described) for the preceding taxable year. ``(B) Timely receipt.--The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer. ``(3) Payment of interest.-- ``(A) In general.--Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B). ``(B) Amount of interest.--Interest under subparagraph (A) shall be allowed and paid-- ``(i) from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and ``(ii) at the overpayment rate established under section 6621. ``(C) Exception.--This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary. ``(4) Recapture of transfer amount.--If the credit transfer amount paid to the transferee exceeds the amount of the credit allowable under subsection (a) to the taxpayer, the taxpayer's tax imposed by this chapter for the taxable year shall be increased by the amount of such excess. ``(5) Effect on legal rights and obligations.--Nothing in this subsection shall be construed to-- ``(A) require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or ``(B) prevent a lender from altering the terms of a loan (including the rate, points, fees, and other costs) due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount.''. (h) Allowance of Credit for Residences Financed by Proceeds From State or Local Bonds.--Subsection (d) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (i) Effective Date.--The amendments made by this section shall apply to residences purchased on or after December 31, 2008, in taxable years ending on or after such date.

Fix Housing First Homebuyer Tax Credit Act - Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement. (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within three years of purchase. (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate. (4) extending the period for purchasing a residence until December 31, 2009. (5) allowing taxpayers who purchase a residence before 2010 to claim such credit on either their 2008 or 2009 tax returns. (6) increasing the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount. (7) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence. And (8) extending eligibility for the credit to taxpayers who purchase residences financed with state and local tax-exempt bonds.

A bill to amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes.

12,600

1,132

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fix Housing First Homebuyer Tax Credit Act". <SECTION-HEADER> EXPANSION AND MODIFICATION OF HOMEBUYER CREDIT. Elimination of First-Time Homebuyer Requirement. In general. Subsection (a) of section 36 of the Internal Revenue Code of 1986, as added by section 3011 of the Housing and Economic Recovery Act of 2008, is amended by striking "who is a first-time homebuyer of a principal residence" and inserting "who purchases a principal residence". Conforming amendments. Subsection (c) of section 36 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1). (3), and (4), respectively. Section 36 of such Code is amended by striking "first-time homebuyer credit" in the heading and inserting "home purchase credit". The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following new item: "<SECTION-HEADER> Home purchase credit.". Subparagraph (W) of section 26(b)(2) of such Code is amended by striking "homebuyer credit" and inserting "home purchase credit". Elimination of Recapture Except for Homes Sold Within 3 Years. Subsection (f) of section 36 of the Internal Revenue Code of 1986, as so added, is amended to read as follows: Recapture of Credit in the Case of Certain Dispositions. In general. In the event that a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection , or fails to occupy such residence as the taxpayer's principal residence, at any time within 36 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. Exceptions. Death of taxpayer. Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. Involuntary conversion. Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 36-month period described in such paragraph as if such new principal residence were the converted residence. Transfers between spouses or incident to divorce. In the case of a transfer of a residence to which section 1041(a) applies paragraph (1) shall not apply to such transfer, and in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor . Relocation of members of the armed forces. Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. Joint returns. In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. Return requirement. If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.". Expansion of Application Period. Subsection (h) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking "July 1, 2009" and inserting "December 31, 2009". Election To Treat Purchase in Prior Year. Subsection (g) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking "July 1, 2009" and inserting "December 31, 2009". Modification of Credit Amount. In general. Subparagraph (A) of section 36(b)(1) of the Internal Revenue Code of 1986, as so added, is amended by striking "$7,500" and inserting "the amount that is 3.5 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 USC. 1454(a)(2)), including any increase in the limitation for an area determined to be a high-cost area under such section, with respect to the purchase of the qualified principal residence". Conforming amendments. Paragraph (1) of section 36(b) of such Code is amended by striking "$3,750" in subparagraph (B) and inserting "1.75 percent", by striking "$7,500" in subparagraph (B) and inserting "3.5 percent", and by striking "$7,500" in subparagraph (C) and inserting "the amount described in subparagraph (A)". Modification of Income Limitation. Subclause (II) of section 36(b)(2)(i) of the Internal Revenue Code of 1986, as so added, is amended by striking "$75,000 " and inserting "$125,000 ". Availability of Credit for Transfer. Section 36 of the Internal Revenue Code of 1986, as so added, is amended by redesignating subsections (g) and (h), as amended by this section, as subsections (h) and (i), respectively, and by inserting after subsection (f) the following new subsection: Transfer of Credit. In general. A taxpayer may transfer all or a portion of the credit allowable under subsection (a) to 1 or more persons as payment of any liability of the taxpayer arising out of the downpayment of any portion of the purchase price of the principal residence, mortgage, flood, and hazard insurance premiums in connection with the purchase and paid at or before closing, interest on any debt incurred to purchase the residence, State and local real property taxes paid in connection with the purchase, and funding fees paid to the Department of Veterans Affairs in connection with the purchase. Credit transfer mechanism. In general. Not less than 60 days after the date of the enactment of this subsection, the Secretary shall establish and implement a credit transfer mechanism for purposes of paragraph (1). Such mechanism shall require the Secretary to certify that the taxpayer is eligible to receive the credit provided by this section with respect to the purchase of a principal residence and that the transferee is eligible to receive the credit transfer, certify the credit transfer amount which will be paid to the transferee, and require any transferee that directly receives the credit transfer amount from the Secretary to notify the taxpayer within 14 days of the receipt of such amount. Any check, certificate, or voucher issued by the Secretary pursuant to this paragraph shall include the taxpayer identification number of the taxpayer and the address of the principal residence being purchased. For purposes of determining the credit transfer amount under clause (ii), the Secretary may estimate the taxpayer's modified adjusted gross income for the taxable year (as described in subsection (b)(2)) based on the taxpayer's modified adjusted gross income for the preceding taxable year. Timely receipt. The Secretary shall issue the credit transfer amount not less than 30 days after the date of the receipt of an application for a credit transfer. Payment of interest. In general. Notwithstanding any other provision of this title, the Secretary shall pay interest on any amount which is not paid to a person during the 30-day period described in paragraph (2)(B). Amount of interest. Interest under subparagraph (A) shall be allowed and paid from the day after the 30-day period described in paragraph (2)(B) to the date payment is made, and at the overpayment rate established under section 6621. Exception. This paragraph shall not apply to failures to make payments as a result of any natural disaster or other circumstance beyond the control of the Secretary. Recapture of transfer amount. If the credit transfer amount paid to the transferee exceeds the amount of the credit allowable under subsection (a) to the taxpayer, the taxpayer's tax imposed by this chapter for the taxable year shall be increased by the amount of such excess. Effect on legal rights and obligations. Nothing in this subsection shall be construed to require a lender to complete a loan transaction before the credit transfer amount has been transferred to the lender, or prevent a lender from altering the terms of a loan due to changes in market conditions or other factors during the period of time between the application by the taxpayer for a credit transfer and the receipt by the lender of the credit transfer amount.". Allowance of Credit for Residences Financed by Proceeds From State or Local Bonds. Subsection (d) of section 36 of the Internal Revenue Code of 1986, as so added, is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. Effective Date. The amendments made by this section shall apply to residences purchased on or after December 31, 2008, in taxable years ending on or after such date.

Fix Housing First Homebuyer Tax Credit Act - Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement. (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within three years of purchase. (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate. (4) extending the period for purchasing a residence until December 31, 2009. (5) allowing taxpayers who purchase a residence before 2010 to claim such credit on either their 2008 or 2009 tax returns. (6) increasing the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount. (7) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence. And (8) extending eligibility for the credit to taxpayers who purchase residences financed with state and local tax-exempt bonds.

A bill to amend the Internal Revenue Code of 1986 to expand the application of the homebuyer credit, and for other purposes.

107_s2842

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Self-Sufficiency Act''. SEC. 2. AMENDMENTS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by adding at the end the following: ``SEC. 422. DEMONSTRATION PROJECTS IN NATURALLY OCCURRING RETIREMENT COMMUNITIES. ``(a) Program Authorized.--The Assistant Secretary shall award grants to eligible entities to carry out 10 demonstration projects to provide comprehensive supportive services to older individuals who reside in noninstitutional residences in naturally occurring retirement communities to enhance the quality of life of such individuals and reduce the need to institutionalize such individuals. Those residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q) in naturally occurring retirement communities shall not receive services through a demonstration project under this section if such services would otherwise be provided as part of the assistance received by such residences under such section 202. ``(b) Eligible Entity.--An entity is eligible to receive a grant under this section if such entity is a nonprofit public or private agency, organization, or institution that proposes to provide services only in geographical areas considered to be low- or middle-income areas. ``(c) Priority.-- ``(1) In general.--In awarding grants under this section, the Assistant Secretary shall give priority to eligible entities that provided comprehensive supportive services in fiscal year 2002 to older individuals who resided in noninstitutional residences in naturally occurring retirement communities. ``(2) Rural areas.--Two of the 10 grants awarded under this section shall be awarded to eligible entities that propose to provide services to residents in rural areas. ``(d) Grant Period.--Each grant awarded under this section shall be awarded for a period of 4 years, with not more than $1,000,000 being awarded annually. ``(e) Application.--An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary in such form and containing such information as the Assistant Secretary may require, including a plan for continuing services provided under the grant after the grant expires. ``(f) Limitations.-- ``(1) Cost-sharing.--An eligible entity receiving a grant under this section may require cost-sharing from individuals receiving services only in a manner consistent with the requirements of title III. ``(2) Construction.--An entity may not use funds received under a grant under this section to construct or permanently improve (other than remodeling to make facilities accessible to older individuals) any building or other facility. ``(g) Definitions.--In this section: ``(1) Naturally occurring retirement community.--The term `naturally occurring retirement community' means a geographical area in which not less than 40 percent of the noninstitutional residences are occupied for not less than 10 years by heads of households who are older individuals, but does not include residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q). The definition provided for in the previous sentence may be modified by the Secretary as such definition relates to grants for rural areas. ``(2) Supportive services.--The term `supportive services' means services offered to residents that may include-- ``(A) case management; ``(B) health services and education; ``(C) nutrition services, nutrition education, meals, and meal delivery; ``(D) transportation services; ``(E) home and personal care services; ``(F) continuing adult education; ``(G) information and referral services; and ``(H) any other services and resources appropriate to enhance the quality of life of residents and reduce the need to institutionalize such individuals. ``(h) Matching Requirement.--The Assistant Secretary may not make a grant to an eligible entity under this section unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the program for which the grant was awarded, the entity will make available in cash or in-kind (directly or through donations from public or private entities) non-Federal contributions equaling 5 percent of Federal funds provided under the grant for the second year that such grant is provided, 10 percent of Federal funds provided under the grant for the third year that such grant is provided, and 15 percent of Federal funds provided under the grant for the fourth year that such grant is provided. ``(i) Report.--Not later than the beginning of the fourth year of distributing grants under this section, the Assistant Secretary shall evaluate services provided with funds under this section and submit a report to Congress summarizing the results of such evaluation and recommending what services should be taken in the future. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, not more than $10,000,000 for each of fiscal years 2003 through 2006.''.

Senior Self-Sufficiency Act - Amends Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to award four-year grants of up to $1 million each to eligible entities to carry out ten demonstration projects to provide specified comprehensive supportive services to older individuals in noninstitutional residences in naturally occurring retirement communities to enhance their quality of life and reduce the need to institutionalize them. Limits such grants to geographical areas considered low- or middle-income. Requires two of the grants to be awarded to entities proposing to provide such services to rural residents.

A bill to amend the Older Americans Act of 1965 to authorize appropriations for demonstration projects to provide supportive services to older individuals who reside in naturally occurring retirement communities.

5,732

664

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Senior Self-Sufficiency Act". <SECTION-HEADER> AMENDMENTS. Part A of title IV of the Older Americans Act of 1965 is amended by adding at the end the following: "Section 422. DEMONSTRATION PROJECTS IN NATURALLY OCCURRING RETIREMENT COMMUNITIES. Program Authorized. The Assistant Secretary shall award grants to eligible entities to carry out 10 demonstration projects to provide comprehensive supportive services to older individuals who reside in noninstitutional residences in naturally occurring retirement communities to enhance the quality of life of such individuals and reduce the need to institutionalize such individuals. Those residences for which assistance is provided under section 202 of the National Housing Act of 1959 in naturally occurring retirement communities shall not receive services through a demonstration project under this section if such services would otherwise be provided as part of the assistance received by such residences under such section 202. Eligible Entity. An entity is eligible to receive a grant under this section if such entity is a nonprofit public or private agency, organization, or institution that proposes to provide services only in geographical areas considered to be low- or middle-income areas. Priority. In general. In awarding grants under this section, the Assistant Secretary shall give priority to eligible entities that provided comprehensive supportive services in fiscal year 2002 to older individuals who resided in noninstitutional residences in naturally occurring retirement communities. Rural areas. Two of the 10 grants awarded under this section shall be awarded to eligible entities that propose to provide services to residents in rural areas. Grant Period. Each grant awarded under this section shall be awarded for a period of 4 years, with not more than $1,000,000 being awarded annually. Application. An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary in such form and containing such information as the Assistant Secretary may require, including a plan for continuing services provided under the grant after the grant expires. Limitations. Cost-sharing. An eligible entity receiving a grant under this section may require cost-sharing from individuals receiving services only in a manner consistent with the requirements of title III. Construction. An entity may not use funds received under a grant under this section to construct or permanently improve any building or other facility. Definitions. In this section: Naturally occurring retirement community. The term `naturally occurring retirement community' means a geographical area in which not less than 40 percent of the noninstitutional residences are occupied for not less than 10 years by heads of households who are older individuals, but does not include residences for which assistance is provided under section 202 of the National Housing Act of 1959 . The definition provided for in the previous sentence may be modified by the Secretary as such definition relates to grants for rural areas. Supportive services. The term `supportive services' means services offered to residents that may include case management, health services and education, nutrition services, nutrition education, meals, and meal delivery, transportation services, home and personal care services, continuing adult education, information and referral services. And any other services and resources appropriate to enhance the quality of life of residents and reduce the need to institutionalize such individuals. Matching Requirement. The Assistant Secretary may not make a grant to an eligible entity under this section unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the program for which the grant was awarded, the entity will make available in cash or in-kind non-Federal contributions equaling 5 percent of Federal funds provided under the grant for the second year that such grant is provided, 10 percent of Federal funds provided under the grant for the third year that such grant is provided, and 15 percent of Federal funds provided under the grant for the fourth year that such grant is provided. Report. Not later than the beginning of the fourth year of distributing grants under this section, the Assistant Secretary shall evaluate services provided with funds under this section and submit a report to Congress summarizing the results of such evaluation and recommending what services should be taken in the future. Authorization of Appropriations. There are authorized to be appropriated to carry out this section, not more than $10,000,000 for each of fiscal years 2003 through 2006.".

Senior Self-Sufficiency Act - Amends Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to award four-year grants of up to $1 million each to eligible entities to carry out ten demonstration projects to provide specified comprehensive supportive services to older individuals in noninstitutional residences in naturally occurring retirement communities to enhance their quality of life and reduce the need to institutionalize them. Limits such grants to geographical areas considered low- or middle-income. Requires two of the grants to be awarded to entities proposing to provide such services to rural residents.

A bill to amend the Older Americans Act of 1965 to authorize appropriations for demonstration projects to provide supportive services to older individuals who reside in naturally occurring retirement communities.

114_hr2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fitness Integrated Into Teaching Kids Act'' or the ``FIT Kids Act''. SEC. 2. AMENDMENTS TO THE CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. Subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended to read as follows: ``Subpart 10--Physical Education ``SEC. 5501. SHORT TITLE. ``This subpart may be cited as the `Carol M. White Physical Education Program'. ``SEC. 5502. PURPOSE. ``The purpose of this subpart is to award grants to initiate, expand, and improve physical education programs for all kindergarten through 12th-grade students. ``SEC. 5503. ALLOCATION OF FUNDS. ``(a) Grants to Local Educational Agencies and Community-Based Organizations.--The Secretary shall use the funds made available to carry out this subpart, except funds reserved under subsection (b) (if any), to support grants to local educational agencies and community based organizations under section 5504. ``(b) Grants to States.--Of the funds appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve 25 percent of the amount by which such funds exceed $75,000,000 to award grants to States, on a competitive basis, in accordance with section 5505. ``SEC. 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND COMMUNITY-BASED ORGANIZATIONS. ``(a) Authorization.--The Secretary is authorized to award grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young Men's Christian Organization (YMCA) and Young Women's Christian Organization (YWCA)) to pay the Federal share of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for kindergarten through 12th-grade students by-- ``(1) providing equipment and support to enable students to participate actively in physical education activities; and ``(2) providing funds for staff and teacher training and education. ``(b) Program Elements.--A physical education program funded under this section may provide for one or more of the following: ``(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. ``(2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. ``(3) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. ``(4) Opportunities to develop positive social and cooperative skills through physical activity participation. ``(5) Instruction in healthy eating habits and good nutrition. ``(6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. ``(c) Special Rule.--For the purpose of this section, extracurricular activities, such as team sports and Reserve Officers' Training Corps (ROTC) program activities, shall not be considered as part of the curriculum of a physical education program assisted under this section. ``(d) Applications.-- ``(1) In general.--Each local educational agency or community-based organization desiring a grant under this section shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. ``(2) Private school and home-schooled students.--An application for funds under this section may provide for the participation, in the activities funded under this section, of-- ``(A) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or ``(B) home-schooled students, and their parents and teachers. ``(e) Annual Report to the Secretary.--In order to continue receiving funding after the first year of a multiyear grant under this section, the administrator of the grant for the local educational agency or community-based organization shall submit to the Secretary an annual report that-- ``(1) describes the activities conducted during the preceding year; and ``(2) demonstrates that progress has been made toward meeting State standards for physical education. ``(f) Administrative Expenses.--Not more than 5 percent of the grant funds made available to a local educational agency or community- based organization under this section for any fiscal year may be used for administrative expenses. ``(g) Federal Share.--The Federal share under this section may not exceed-- ``(1) 90 percent of the total cost of a program for the first year for which the program receives assistance under this section; and ``(2) 75 percent of such cost for the second and each subsequent such year. ``(h) Proportionality.--To the extent practicable, the Secretary shall ensure that grants awarded under this section shall be equitably distributed among local educational agencies and community-based organizations serving urban and rural areas. ``(i) Report to Congress.--Not later than 2 years after the Secretary awards the first grant under this section, the Secretary shall submit a report to Congress that-- ``(1) describes the programs assisted under this section; ``(2) documents the success of such programs in improving physical fitness; and ``(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this section. ``SEC. 5505. GRANTS TO STATES. ``(a) Authorization.--Subject to the availability of funds described in section 5503, the Secretary is authorized to award grants to States to implement comprehensive programs that address the purpose of this subpart. Such programs shall be based on-- ``(1) scientifically valid research, to the extent feasible; and ``(2) an analysis of need that considers, at a minimum, the indicators in the State's measurement system described in subsection (e). ``(b) Application.--A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include-- ``(1) an analysis of the needs of the schools and students in the State in the areas of physical activity, physical education, fitness, and nutrition, which shall include a description of, and data measuring, conditions of the State in the areas of physical activity, physical education, fitness, and nutrition; ``(2) a plan for improving the physical activity, physical education, fitness, and nutrition of students in the State, which may be part of a broader statewide child and youth plan if the plan proposes to implement activities responsive to the results of the needs analysis described in paragraph (1); and ``(3) a description of how the State will-- ``(A) develop, adopt, adapt, or implement the State's measurement system described in subsection (e), and how the State will ensure that all local educational agencies and schools in the State participate in such system; ``(B) ensure the quality and validity of the State's procedures for collecting the data needed to implement that measurement system; ``(C) coordinate the proposed activities with other Federal and State programs, which may include programs to expand learning time and for before- and after- school programming; ``(D) assist local educational agencies in aligning the activities such agencies carry out under this section with funds from other sources in order to support a coherent and nonduplicative program; and ``(E) solicit and approve applications for subgrants under subsection (g), including how the State will-- ``(i) consider the results of the analysis described in paragraph (1) in the State's distribution of subgrants; and ``(ii) address the needs of diverse geographic areas in the State, including rural and urban communities. ``(c) Reservation of Funds.--A State that receives a grant under this section shall-- ``(1) reserve not more than 5 percent of the grant funds for administration of the program implemented with such grant, technical assistance, professional development of teachers, and the development, improvement, and implementation of the State's measurement system, as described in subsection (e); and ``(2) use the remainder of grant funds to award subgrants, on a competitive basis, to eligible local applicants. ``(d) State Activities.--A State that receives a grant under this section shall-- ``(1) establish a statewide physical education requirement that is consistent with widely recognized standards; ``(2) not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide measurement system described in subsection (e) (unless the State can demonstrate, to the satisfaction of the Secretary, that an appropriate system has already been implemented) that annually measures the progress of each local educational agency in the State on the measures described in that subsection; ``(3) not later than 18 months after receipt of the grant and annually thereafter, provide a public report to local educational agencies in the State on the data collected in the State's measurement system described in subsection (e), in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information of students; ``(4) award subgrants, consistent with subsection (g), to eligible local applicants; ``(5) use the results of the data collected in the measurement system described in subsection (e) to help subgrantees identify and address school and student needs; ``(6) provide professional development that is directly related to the fields of physical education and health education to physical education teachers and health education teachers to help ensure that children are leading healthy, active lifestyles that are conducive to effective learning; and ``(7) monitor subgrants and provide technical assistance to subgrantees on the implementation of subgrant activities. ``(e) Measurement System.--Each State that receives a grant under this section shall establish a State reporting and information system that is, to the extent practicable, part of the State's statewide longitudinal data system and with the State's system for reporting the data required under section 1111 and that measures conditions at the local educational agency level related to physical fitness, physical education, student health, and nutrition, including information on-- ``(1) the amount of time students spend in required physical education and the amount of time they spend in moderate to vigorous physical activity; ``(2) whether a local educational agency has a required, age-appropriate physical education curriculum for all students that adheres to State standards and to national guidelines adopted by the Centers for Disease Control and Prevention; ``(3) the number of physical education teachers employed by the local educational agency who are State-licensed or State- certified as physical education teachers, and the number of physical education teachers who are not so licensed or certified; ``(4) the number of schools operated by the local educational agency that have (and the number that do not have) a school health council that-- ``(A) includes parents, students, representatives of the school food authority, representatives of the school board, school administrators, and members of the public; and ``(B) meets at least monthly to promote a healthy school environment; and ``(5) the number of square feet of facilities (disaggregated by indoor and outdoor facilities) under the control or use of the agency that are primarily used for physical education and the number of square feet (so disaggregated) that are primarily used for other physical activity. ``(f) Compiling Statistics.--In compiling the statistics required pursuant to subsection (e)-- ``(1) the State shall ensure use of uniform definitions and data collection procedures for all local educational agencies statewide; ``(2) the State shall collect the data required under subsection (e) at least annually; and ``(3) the State and its subgrantees shall use the data for planning and continuous improvement of activities implemented under this section, and subgrantees may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs (so long as such indicators are aligned with the objectives of this section). ``(g) Subgrants to Eligible Local Applicants.-- ``(1) Subgrants.--A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants-- ``(A) based on need, as identified by the State's measurement system described in subsection (e); ``(B) that are of sufficient size and scope to enable such applicants to carry out approved activities; and ``(C) to implement programs that are comprehensive in nature and that promote physical activity, physical education, fitness, and nutrition. ``(2) Applications.--An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. ``(3) Priority.--In awarding subgrants under this subsection, a State shall give priority to applications that-- ``(A) demonstrate the greatest need according to the results identified by the State's measurement system described in subsection (e); and ``(B) propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(4) Activities of subgrantees.--Each recipient of a subgrant under this subsection shall, for the duration of the subgrant-- ``(A) carry out programs to promote physical activity, physical education, fitness, and nutrition-- ``(i) the need for which has been identified through the State's measurement system described in subsection (e); and ``(ii) that are part of a comprehensive strategy or framework to address such need; ``(B) ensure that each framework, intervention, or program selected to be implemented through the subgrant be based, if feasible, on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective; ``(C) collect and report to the State educational agency data for schools served by the subgrantee, in a manner consistent with the State's measurement system, described in subsection (e); ``(D) establish policies to expand access to quality physical activity opportunities, including local school wellness policies consistent with the requirements of section 9A of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758b); and ``(E) consider and accommodate the unique needs of students with disabilities and English learners in implementing activities. ``(h) Annual State Report.--Each State that receives a grant under this section shall prepare and submit an annual report to the Secretary on the use of funds under this section. ``SEC. 5506. SUPPLEMENT, NOT SUPPLANT. ``Funds made available under this subpart shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.''.

Fitness Integrated Into Teaching Kids Act or the FIT Kids Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize and amend the Carol M. White Physical Education Program. The program is administered by the Department of Education (ED) and awards grants to local educational agencies, community-based organizations, and states to initiate, expand, and improve physical education programs for kindergarten through 12th grade students. Of the funds appropriated for the program, ED must reserve a portion to award competitive grants for states to implement comprehensive programs based on: (1) scientifically valid research, and (2) an analysis of need that considers indicators in a state system measuring conditions related to physical fitness, physical education, student health, and nutrition. A state applying for a competitive grant must submit: (1) an analysis of needs in the areas of physical activity, physical education, fitness, and nutrition, (2) a plan for improvement. And (3) a description of how the state will implement a measurement system, coordinate with other state and federal programs, assist local educational agencies, and award subgrants. States receiving competitive grants must: (1) reserve no more than 5 of the funds for administration, technical assistance, professional development for teachers, and a measurement system. And (2) use the remaining funds for competitive subgrants. States receiving grants must also: establish a statewide physical education requirement, implement a measurement system, provide a public report including data from the measurement system, award subgrants using specified criteria, use the measurement system to assist subgrantees in addressing needs, provide professional development for teachers, and monitor subgrants.

FIT Kids Act

18,646

1,812

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fitness Integrated Into Teaching Kids Act" or the "FIT Kids Act". <SECTION-HEADER> AMENDMENTS TO THE CAROL M. WHITE PHYSICAL EDUCATION PROGRAM. Subpart 10 of part D of title V of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "Subpart 10 Physical Education "Section 5501. SHORT TITLE. "This subpart may be cited as the `Carol M. White Physical Education Program'. "Section 5502. PURPOSE. "The purpose of this subpart is to award grants to initiate, expand, and improve physical education programs for all kindergarten through 12th-grade students. "Section 5503. ALLOCATION OF FUNDS. Grants to Local Educational Agencies and Community-Based Organizations. The Secretary shall use the funds made available to carry out this subpart, except funds reserved under subsection (b) , to support grants to local educational agencies and community based organizations under section 5504. Grants to States. Of the funds appropriated to carry out this subpart for a fiscal year, the Secretary shall reserve 25 percent of the amount by which such funds exceed $75,000,000 to award grants to States, on a competitive basis, in accordance with section 5505. "Section 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND COMMUNITY-BASED ORGANIZATIONS. Authorization. The Secretary is authorized to award grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young Men's Christian Organization (YMCA) and Young Women's Christian Organization (YWCA)) to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through 12th-grade students by providing equipment and support to enable students to participate actively in physical education activities. And providing funds for staff and teacher training and education. Program Elements. A physical education program funded under this section may provide for one or more of the following: Fitness education and assessment to help students understand, improve, or maintain their physical well-being. Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. Opportunities to develop positive social and cooperative skills through physical activity participation. Instruction in healthy eating habits and good nutrition. Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. Special Rule. For the purpose of this section, extracurricular activities, such as team sports and Reserve Officers' Training Corps (ROTC) program activities, shall not be considered as part of the curriculum of a physical education program assisted under this section. Applications. In general. Each local educational agency or community-based organization desiring a grant under this section shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. Private school and home-schooled students. An application for funds under this section may provide for the participation, in the activities funded under this section, of students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers. Or home-schooled students, and their parents and teachers. Annual Report to the Secretary. In order to continue receiving funding after the first year of a multiyear grant under this section, the administrator of the grant for the local educational agency or community-based organization shall submit to the Secretary an annual report that describes the activities conducted during the preceding year. And demonstrates that progress has been made toward meeting State standards for physical education. Administrative Expenses. Not more than 5 percent of the grant funds made available to a local educational agency or community- based organization under this section for any fiscal year may be used for administrative expenses. Federal Share. The Federal share under this section may not exceed 90 percent of the total cost of a program for the first year for which the program receives assistance under this section. And 75 percent of such cost for the second and each subsequent such year. Proportionality. To the extent practicable, the Secretary shall ensure that grants awarded under this section shall be equitably distributed among local educational agencies and community-based organizations serving urban and rural areas. Report to Congress. Not later than 2 years after the Secretary awards the first grant under this section, the Secretary shall submit a report to Congress that describes the programs assisted under this section, documents the success of such programs in improving physical fitness. And makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this section. "Section 5505. GRANTS TO STATES. Authorization. Subject to the availability of funds described in section 5503, the Secretary is authorized to award grants to States to implement comprehensive programs that address the purpose of this subpart. Such programs shall be based on scientifically valid research, to the extent feasible. And an analysis of need that considers, at a minimum, the indicators in the State's measurement system described in subsection (e). Application. A State that desires to receive a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include an analysis of the needs of the schools and students in the State in the areas of physical activity, physical education, fitness, and nutrition, which shall include a description of, and data measuring, conditions of the State in the areas of physical activity, physical education, fitness, and nutrition. A plan for improving the physical activity, physical education, fitness, and nutrition of students in the State, which may be part of a broader statewide child and youth plan if the plan proposes to implement activities responsive to the results of the needs analysis described in paragraph (1). And a description of how the State will develop, adopt, adapt, or implement the State's measurement system described in subsection (e), and how the State will ensure that all local educational agencies and schools in the State participate in such system. Ensure the quality and validity of the State's procedures for collecting the data needed to implement that measurement system. Coordinate the proposed activities with other Federal and State programs, which may include programs to expand learning time and for before- and after- school programming. Assist local educational agencies in aligning the activities such agencies carry out under this section with funds from other sources in order to support a coherent and nonduplicative program. And solicit and approve applications for subgrants under subsection (g), including how the State will consider the results of the analysis described in paragraph (1) in the State's distribution of subgrants. And address the needs of diverse geographic areas in the State, including rural and urban communities. Reservation of Funds. A State that receives a grant under this section shall reserve not more than 5 percent of the grant funds for administration of the program implemented with such grant, technical assistance, professional development of teachers, and the development, improvement, and implementation of the State's measurement system, as described in subsection (e). And use the remainder of grant funds to award subgrants, on a competitive basis, to eligible local applicants. State Activities. A State that receives a grant under this section shall establish a statewide physical education requirement that is consistent with widely recognized standards. Not later than 1 year after receipt of the grant, develop, adapt, improve, or adopt and implement the statewide measurement system described in subsection (e) that annually measures the progress of each local educational agency in the State on the measures described in that subsection. Not later than 18 months after receipt of the grant and annually thereafter, provide a public report to local educational agencies in the State on the data collected in the State's measurement system described in subsection (e), in a timely and highly accessible manner, and in a manner that does not reveal personally identifiable information of students, award subgrants, consistent with subsection (g), to eligible local applicants. Use the results of the data collected in the measurement system described in subsection (e) to help subgrantees identify and address school and student needs. Provide professional development that is directly related to the fields of physical education and health education to physical education teachers and health education teachers to help ensure that children are leading healthy, active lifestyles that are conducive to effective learning. And monitor subgrants and provide technical assistance to subgrantees on the implementation of subgrant activities. Measurement System. Each State that receives a grant under this section shall establish a State reporting and information system that is, to the extent practicable, part of the State's statewide longitudinal data system and with the State's system for reporting the data required under section 1111 and that measures conditions at the local educational agency level related to physical fitness, physical education, student health, and nutrition, including information on the amount of time students spend in required physical education and the amount of time they spend in moderate to vigorous physical activity. Whether a local educational agency has a required, age-appropriate physical education curriculum for all students that adheres to State standards and to national guidelines adopted by the Centers for Disease Control and Prevention. The number of physical education teachers employed by the local educational agency who are State-licensed or State- certified as physical education teachers, and the number of physical education teachers who are not so licensed or certified. The number of schools operated by the local educational agency that have a school health council that includes parents, students, representatives of the school food authority, representatives of the school board, school administrators, and members of the public. And meets at least monthly to promote a healthy school environment. And the number of square feet of facilities under the control or use of the agency that are primarily used for physical education and the number of square feet that are primarily used for other physical activity. Compiling Statistics. In compiling the statistics required pursuant to subsection (e) the State shall ensure use of uniform definitions and data collection procedures for all local educational agencies statewide. The State shall collect the data required under subsection (e) at least annually. And the State and its subgrantees shall use the data for planning and continuous improvement of activities implemented under this section, and subgrantees may collect data for indicators that are locally defined, and that are not reported to the State, to meet local needs . Subgrants to Eligible Local Applicants. Subgrants. A State that receives a grant under this section shall award subgrants, on a competitive basis, to eligible local applicants based on need, as identified by the State's measurement system described in subsection (e). That are of sufficient size and scope to enable such applicants to carry out approved activities. And to implement programs that are comprehensive in nature and that promote physical activity, physical education, fitness, and nutrition. Applications. An eligible local applicant that desires to receive a subgrant under this subsection shall submit to the State an application at such time, in such manner, and containing such information as the State may require. Priority. In awarding subgrants under this subsection, a State shall give priority to applications that demonstrate the greatest need according to the results identified by the State's measurement system described in subsection (e). And propose to serve schools with the highest concentrations of poverty, based on the percentage of students receiving or eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act . Activities of subgrantees. Each recipient of a subgrant under this subsection shall, for the duration of the subgrant carry out programs to promote physical activity, physical education, fitness, and nutrition the need for which has been identified through the State's measurement system described in subsection (e). And that are part of a comprehensive strategy or framework to address such need. Ensure that each framework, intervention, or program selected to be implemented through the subgrant be based, if feasible, on scientifically valid research and be used for the purpose for which such framework, intervention, or program was found to be effective. Collect and report to the State educational agency data for schools served by the subgrantee, in a manner consistent with the State's measurement system, described in subsection (e). Establish policies to expand access to quality physical activity opportunities, including local school wellness policies consistent with the requirements of section 9A of the Richard B. Russell National School Lunch Act. And consider and accommodate the unique needs of students with disabilities and English learners in implementing activities. Annual State Report. Each State that receives a grant under this section shall prepare and submit an annual report to the Secretary on the use of funds under this section. "Section 5506. SUPPLEMENT, NOT SUPPLANT. "Funds made available under this subpart shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.".

Fitness Integrated Into Teaching Kids Act or the FIT Kids Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize and amend the Carol M. White Physical Education Program. The program is administered by the Department of Education (ED) and awards grants to local educational agencies, community-based organizations, and states to initiate, expand, and improve physical education programs for kindergarten through 12th grade students. Of the funds appropriated for the program, ED must reserve a portion to award competitive grants for states to implement comprehensive programs based on: (1) scientifically valid research, and (2) an analysis of need that considers indicators in a state system measuring conditions related to physical fitness, physical education, student health, and nutrition. A state applying for a competitive grant must submit: (1) an analysis of needs in the areas of physical activity, physical education, fitness, and nutrition, (2) a plan for improvement. And (3) a description of how the state will implement a measurement system, coordinate with other state and federal programs, assist local educational agencies, and award subgrants. States receiving competitive grants must: (1) reserve no more than 5 of the funds for administration, technical assistance, professional development for teachers, and a measurement system. And (2) use the remaining funds for competitive subgrants. States receiving grants must also: establish a statewide physical education requirement, implement a measurement system, provide a public report including data from the measurement system, award subgrants using specified criteria, use the measurement system to assist subgrantees in addressing needs, provide professional development for teachers, and monitor subgrants.

FIT Kids Act

104_s1375

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooperator Program Act of 1995''. SEC. 2. FINDINGS, POLICY, AND PURPOSES. (a) Findings.--Congress finds that-- (1) the future prosperity of United States agriculture increasingly will be determined by access to foreign markets and, as agricultural producers of the United States move into the world market, the producers are becoming more dependent on agricultural exports; (2) despite gains made in the recently concluded Uruguay Round of trade negotiations as well as pre-existing rules under the General Agreement on Tariffs and Trade, world agricultural trade is neither free nor fair and United States agriculture will continue to face unfair trade practices in the international marketplace; (3) 11 of the major agricultural trade competitors of the United States spend a total of $500,000,000 annually on foreign market development programs for the benefit of their producers; (4) the foreign market development cooperator program of the Foreign Agricultural Service and the activities of individual foreign market cooperator organizations-- (A) have been among the most successful and cost- effective means of expanding United States agricultural exports; and (B) provide ongoing, long-term market development services to advance the economic interests of the United States; (5) the program and the activities of the cooperator organizations should be supported; (6) the Secretary of Agriculture and the private sector should work together to ensure that the program, and the activities of the cooperator organizations, are expanded in the future; and (7) as agricultural producers move into the world market, it is timely and appropriate to take steps to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture and the activities of the cooperator organizations. (b) Policy.--It is the policy of the United States that it is essential and in the public interest to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture under which eligible trade organizations funded primarily by agricultural producers cooperate with the Department in an effective, continuous, and coordinated effort to maintain and develop foreign markets for United States agricultural commodities and products. (c) Purposes.--It is the purpose of this Act to provide specific authorization for the foreign market development cooperator program of the Department of Agriculture, and establish terms governing the program, to ensure the continued effective and efficient operation of the program. SEC. 3. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``TITLE VII--FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM ``SEC. 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION. ``In this title, the term `eligible trade organization' means a United States trade organization that-- ``(1) promotes the export of 1 or more United States agricultural commodities or products; and ``(2) does not have a business interest in or receive remuneration from specific sales of agricultural commodities or products. ``SEC. 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. ``(a) In General.--The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities and products. ``(b) Cost Sharing Assistance.--The program established under subsection (a) shall be carried out through multiyear contracts or agreements between the Secretary and eligible trade organizations under which cost sharing assistance shall be provided by the Secretary to the organizations as cooperators for the conduct of foreign market development activities, and to third party cooperators, under annual marketing plans established under section 705. ``SEC. 703. ELIGIBILITY. ``(a) Eligible Trade Organizations.--To be eligible to enter into a contract or agreement with the Secretary for the conduct of foreign market development activities as a cooperator under this title, an eligible trade organization shall-- ``(1) demonstrate to the Secretary that the organization is funded primarily by United States members of the industry that the organization represents; ``(2) prepare and submit to the Secretary annually a marketing plan under section 705; and ``(3) meet other requirements established by the Secretary for participation in the program established under this title. ``(b) Criteria for Approval of Contracts and Agreements.--The Secretary may enter into a contract or agreement with an eligible trade organization for the conduct of foreign market development activities under this title only if the Secretary determines that the activities under the marketing plan of the organization-- ``(1) have a strong likelihood of achieving success in maintaining or increasing foreign consumption and imports of 1 or more United States agricultural commodities or products; ``(2) will make long-range contributions to United States agricultural exports; ``(3) focus on a commodity or commodities, or a product or products, the export of which is important to agriculture and the foreign balance of payments of the United States; ``(4) include the provision by the eligible trade organization of a competent United States-based staff and other resources to ensure adequate development, supervision, and execution of project activities; ``(5) are combined with a commitment by private organizations to support promotional activities with aggressive selling and the quantity and quality of the commodity or product involved that is desired by foreign buyers; and ``(6) are focused on markets for which the United States is in competition with other exporting countries. ``SEC. 704. COOPERATOR RESPONSIBILITIES. ``(a) Trade Servicing, Technical Assistance, and Consumer Education.-- ``(1) In general.--An eligible trade organization participating in the foreign market development cooperator program under this title shall provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of United States agricultural commodities and products, through trade servicing, technical assistance, and consumer education. ``(2) Specific goals.--Trade servicing, technical assistance, and consumer education by each eligible trade organization provided under paragraph (1) shall be designed to-- ``(A) increase foreign consumer and commercial use of the United States commodity and product involved, develop long-term foreign demand for the commodity or product, and help overcome constraints to United States exports of the commodity or product; ``(B) establish a long-term presence in foreign markets for the commodity or product; ``(C) enable foreign users of the commodity or product to enhance the competitiveness of the users, analyze markets, improve end use quality, and respond to consumption trends; ``(D) make maximum use of new technologies, including satellite transmissions, to disseminate trade information, and enhance industry technologies, that will expand demand for the commodity or product; ``(E) increase technical contact between the United States production industry for the commodity or product and foreign customers and users so as to achieve better and more accurate market analyses and trade intelligence collected in the public and private sector; ``(F) identify third parties that will contribute to the implementation of activities conducted under the annual marketing plan of the organization through cash or in-kind contributions; and ``(G) achieve other goals specified by the Secretary. ``(b) Coordination, Assistance, and Consultation.-- ``(1) Coordination and assistance.-- ``(A) Eligible trade organization.--An eligible trade organization participating in the foreign market development cooperator program established under this title shall coordinate the activities of the organization with the activities of the Foreign Agricultural Service. ``(B) Foreign agricultural service.--The Foreign Agricultural Service shall assist eligible trade organizations in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for United States agricultural commodities and products. ``(2) Consultation.--An eligible trade organization shall consult with the Foreign Agricultural Service to ensure that the annual marketing plan of the organization under this title is consistent with and complements the foreign market development activities of the Service. ``SEC. 705. ANNUAL MARKETING PLANS. ``(a) In General.--An eligible trade organization participating in and receiving assistance for any year under the foreign market development cooperator program established under this title shall develop and submit to the Secretary a marketing plan to carry out trade servicing, technical assistance, and consumer education, as provided for in section 704(a), for the year. ``(b) Requirement for Plans.--An annual marketing plan submitted by an eligible trade organization under subsection (a) shall specifically describe the manner in which assistance received by the organization, in conjunction with funds and services provided by or through the organization, will be expended in carrying out the plan. ``(c) Amendments.--An annual marketing plan may be amended at any time by the eligible trade organization with the approval of the Secretary. ``SEC. 706. OVERSIGHT. ``(a) Monitoring.--The Secretary shall monitor the expenditure of funds received by each trade organization under this title. ``(b) Reports, Books, and Records.--An eligible trade organization receiving assistance under this title shall-- ``(1) keep financial accounts of, and submit regular reports providing information on, activities conducted and funds expended under the annual marketing plan of the organization; and ``(2) make available to the Secretary for inspection, at any reasonable time and place, the books and records of the business and financial transactions of the organization. ``(c) Audits.--An eligible trade organization receiving assistance under the foreign market development cooperator program established under this title shall have an audit or financial review conducted of the activities of the organization under the program. The audit or review shall accurately account for funds and services received and expended under this title. ``(d) Evaluation.-- ``(1) In general.--The Secretary shall periodically evaluate the foreign market development activities of each eligible trade organization to determine-- ``(A) whether the organization is in compliance with the annual marketing plan of the organization; and ``(B) the effectiveness of the activities of the organization under the plan in maintaining and developing markets for United States agricultural commodities and products, taking into account the difficulty of precisely quantifying the effects of long-term trade servicing and technical assistance. ``(2) High-volume agricultural commodities and products.-- In the case of activities directed toward maintenance and development of markets for high-volume agricultural commodities and products, in performing the evaluations, the Secretary shall consider-- ``(A) the long-term benefits of a United States presence in foreign markets for the commodity or product given the benefit to the United States economy as a whole or to a strong high-volume commodity and product export sector; and ``(B) the intensity of the competition by other exporting countries in the international markets for the commodities and products. ``SEC. 707. COOPERATOR ORGANIZATIONS. ``(a) Commodities for Cooperator Organizations.--The Secretary may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by the cooperators in projects designed to expand markets for United States agricultural commodities and products. ``(b) Relationship to Funds.--Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds made available for market development activities of the cooperator organizations. ``(c) Conflicts of Interest.--The Secretary shall take appropriate action to prevent conflicts of interest among cooperator organizations participating in the foreign market development cooperator program established under this title. ``SEC. 708. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $40,000,000 for each of fiscal years 1996 through 2002.''. SEC. 4. CONFORMING AMENDMENTS. (a) Collection of Information on Foreign Markets.--Section 601 of the Act of August 28, 1954 (commonly known as the ``Agricultural Act of 1954'') (68 Stat. 908, chapter 104; 7 U.S.C. 1761) is amended-- (1) by striking ``Sec. 601. For'' and inserting the following: ``SEC. 601. COLLECTION OF INFORMATION ON FOREIGN MARKETS. ``(a) In General.--For''; and (2) by adding at the end the following: ``(b) Coordination With Foreign Market Development Cooperator Program.--The Secretary of Agriculture shall coordinate activities conducted under subsection (a) with the foreign market development cooperator program established under title VII of the Agricultural Trade Act of 1978.''. (b) Cooperator Organizations.--Section 4214 of the Agricultural Competitiveness and Trade Act of 1988 (7 U.S.C. 5234) is repealed. SEC. 5. IMPLEMENTATION AND TRANSITIONAL PROVISIONS. (a) Implementation.--The Secretary of Agriculture shall establish the foreign market development cooperator program under title VII of the Agricultural Trade Act of 1978 (as added by section 3) (referred to in this section as ``the program'') not later than 90 days after the date of enactment of this Act. (b) Transition.--In establishing the program, the Secretary shall ensure that ongoing foreign market development cooperator projects and activities are continued and appropriately incorporated into the program. (c) Transfer of Funds.--Funding made available for obligation for the ongoing projects and activities shall be transferred for use in carrying out the program. The amount made available to the Department of Agriculture for the ongoing projects and activities for fiscal year 1996 shall be adjusted to reflect the funds transferred under this subsection.

Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for US agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements. And (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of US agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to US exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for US agricultural commodities and products. And (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans, (2) oversight, and (3) cooperator organizations. Authorizes appropriations.

Cooperator Program Act of 1995

16,909

1,970

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Cooperator Program Act of 1995". <SECTION-HEADER> FINDINGS, POLICY, AND PURPOSES. Findings. Congress finds that the future prosperity of United States agriculture increasingly will be determined by access to foreign markets and, as agricultural producers of the United States move into the world market, the producers are becoming more dependent on agricultural exports. Despite gains made in the recently concluded Uruguay Round of trade negotiations as well as pre-existing rules under the General Agreement on Tariffs and Trade, world agricultural trade is neither free nor fair and United States agriculture will continue to face unfair trade practices in the international marketplace. 11 of the major agricultural trade competitors of the United States spend a total of $500,000,000 annually on foreign market development programs for the benefit of their producers. The foreign market development cooperator program of the Foreign Agricultural Service and the activities of individual foreign market cooperator organizations have been among the most successful and cost- effective means of expanding United States agricultural exports. And provide ongoing, long-term market development services to advance the economic interests of the United States. The program and the activities of the cooperator organizations should be supported. The Secretary of Agriculture and the private sector should work together to ensure that the program, and the activities of the cooperator organizations, are expanded in the future. And as agricultural producers move into the world market, it is timely and appropriate to take steps to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture and the activities of the cooperator organizations. Policy. It is the policy of the United States that it is essential and in the public interest to preserve and strengthen the foreign market development cooperator program of the Department of Agriculture under which eligible trade organizations funded primarily by agricultural producers cooperate with the Department in an effective, continuous, and coordinated effort to maintain and develop foreign markets for United States agricultural commodities and products. Purposes. It is the purpose of this Act to provide specific authorization for the foreign market development cooperator program of the Department of Agriculture, and establish terms governing the program, to ensure the continued effective and efficient operation of the program. <SECTION-HEADER> FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. The Agricultural Trade Act of 1978 is amended by adding at the end the following: "TITLE VII FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM "Section 701. DEFINITION OF ELIGIBLE TRADE ORGANIZATION. "In this title, the term `eligible trade organization' means a United States trade organization that promotes the export of 1 or more United States agricultural commodities or products. And does not have a business interest in or receive remuneration from specific sales of agricultural commodities or products. "Section 702. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. In General. The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities and products. Cost Sharing Assistance. The program established under subsection (a) shall be carried out through multiyear contracts or agreements between the Secretary and eligible trade organizations under which cost sharing assistance shall be provided by the Secretary to the organizations as cooperators for the conduct of foreign market development activities, and to third party cooperators, under annual marketing plans established under section 705. "Section 703. ELIGIBILITY. Eligible Trade Organizations. To be eligible to enter into a contract or agreement with the Secretary for the conduct of foreign market development activities as a cooperator under this title, an eligible trade organization shall demonstrate to the Secretary that the organization is funded primarily by United States members of the industry that the organization represents. Prepare and submit to the Secretary annually a marketing plan under section 705. And meet other requirements established by the Secretary for participation in the program established under this title. Criteria for Approval of Contracts and Agreements. The Secretary may enter into a contract or agreement with an eligible trade organization for the conduct of foreign market development activities under this title only if the Secretary determines that the activities under the marketing plan of the organization have a strong likelihood of achieving success in maintaining or increasing foreign consumption and imports of 1 or more United States agricultural commodities or products, will make long-range contributions to United States agricultural exports. Focus on a commodity or commodities, or a product or products, the export of which is important to agriculture and the foreign balance of payments of the United States. Include the provision by the eligible trade organization of a competent United States-based staff and other resources to ensure adequate development, supervision, and execution of project activities. Are combined with a commitment by private organizations to support promotional activities with aggressive selling and the quantity and quality of the commodity or product involved that is desired by foreign buyers. And are focused on markets for which the United States is in competition with other exporting countries. "Section 704. COOPERATOR RESPONSIBILITIES. Trade Servicing, Technical Assistance, and Consumer Education. In general. An eligible trade organization participating in the foreign market development cooperator program under this title shall provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of United States agricultural commodities and products, through trade servicing, technical assistance, and consumer education. Specific goals. Trade servicing, technical assistance, and consumer education by each eligible trade organization provided under paragraph (1) shall be designed to increase foreign consumer and commercial use of the United States commodity and product involved, develop long-term foreign demand for the commodity or product, and help overcome constraints to United States exports of the commodity or product. Establish a long-term presence in foreign markets for the commodity or product. Enable foreign users of the commodity or product to enhance the competitiveness of the users, analyze markets, improve end use quality, and respond to consumption trends. Make maximum use of new technologies, including satellite transmissions, to disseminate trade information, and enhance industry technologies, that will expand demand for the commodity or product. Increase technical contact between the United States production industry for the commodity or product and foreign customers and users so as to achieve better and more accurate market analyses and trade intelligence collected in the public and private sector. Identify third parties that will contribute to the implementation of activities conducted under the annual marketing plan of the organization through cash or in-kind contributions. And achieve other goals specified by the Secretary. Coordination, Assistance, and Consultation. Coordination and assistance. Eligible trade organization. An eligible trade organization participating in the foreign market development cooperator program established under this title shall coordinate the activities of the organization with the activities of the Foreign Agricultural Service. Foreign agricultural service. The Foreign Agricultural Service shall assist eligible trade organizations in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for United States agricultural commodities and products. Consultation. An eligible trade organization shall consult with the Foreign Agricultural Service to ensure that the annual marketing plan of the organization under this title is consistent with and complements the foreign market development activities of the Service. "Section 705. ANNUAL MARKETING PLANS. In General. An eligible trade organization participating in and receiving assistance for any year under the foreign market development cooperator program established under this title shall develop and submit to the Secretary a marketing plan to carry out trade servicing, technical assistance, and consumer education, as provided for in section 704(a), for the year. Requirement for Plans. An annual marketing plan submitted by an eligible trade organization under subsection (a) shall specifically describe the manner in which assistance received by the organization, in conjunction with funds and services provided by or through the organization, will be expended in carrying out the plan. Amendments. An annual marketing plan may be amended at any time by the eligible trade organization with the approval of the Secretary. "Section 706. OVERSIGHT. Monitoring. The Secretary shall monitor the expenditure of funds received by each trade organization under this title. Reports, Books, and Records. An eligible trade organization receiving assistance under this title shall keep financial accounts of, and submit regular reports providing information on, activities conducted and funds expended under the annual marketing plan of the organization. And make available to the Secretary for inspection, at any reasonable time and place, the books and records of the business and financial transactions of the organization. Audits. An eligible trade organization receiving assistance under the foreign market development cooperator program established under this title shall have an audit or financial review conducted of the activities of the organization under the program. The audit or review shall accurately account for funds and services received and expended under this title. Evaluation. In general. The Secretary shall periodically evaluate the foreign market development activities of each eligible trade organization to determine whether the organization is in compliance with the annual marketing plan of the organization. And the effectiveness of the activities of the organization under the plan in maintaining and developing markets for United States agricultural commodities and products, taking into account the difficulty of precisely quantifying the effects of long-term trade servicing and technical assistance. High-volume agricultural commodities and products. In the case of activities directed toward maintenance and development of markets for high-volume agricultural commodities and products, in performing the evaluations, the Secretary shall consider the long-term benefits of a United States presence in foreign markets for the commodity or product given the benefit to the United States economy as a whole or to a strong high-volume commodity and product export sector. And the intensity of the competition by other exporting countries in the international markets for the commodities and products. "Section 707. COOPERATOR ORGANIZATIONS. Commodities for Cooperator Organizations. The Secretary may make available to cooperator organizations agricultural commodities owned by the Commodity Credit Corporation, for use by the cooperators in projects designed to expand markets for United States agricultural commodities and products. Relationship to Funds. Commodities made available to cooperator organizations under this section shall be in addition to, and not in lieu of, funds made available for market development activities of the cooperator organizations. Conflicts of Interest. The Secretary shall take appropriate action to prevent conflicts of interest among cooperator organizations participating in the foreign market development cooperator program established under this title. "Section 708. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this title $40,000,000 for each of fiscal years 1996 through 2002.". <SECTION-HEADER> CONFORMING AMENDMENTS. Collection of Information on Foreign Markets. Section 601 of the Act of August 28, 1954 is amended by striking "Section 601. For" and inserting the following: "Section 601. COLLECTION OF INFORMATION ON FOREIGN MARKETS. In General. For". And by adding at the end the following: Coordination With Foreign Market Development Cooperator Program. The Secretary of Agriculture shall coordinate activities conducted under subsection (a) with the foreign market development cooperator program established under title VII of the Agricultural Trade Act of 1978.". Cooperator Organizations. Section 4214 of the Agricultural Competitiveness and Trade Act of 1988 is repealed. <SECTION-HEADER> IMPLEMENTATION AND TRANSITIONAL PROVISIONS. Implementation. The Secretary of Agriculture shall establish the foreign market development cooperator program under title VII of the Agricultural Trade Act of 1978 not later than 90 days after the date of enactment of this Act. Transition. In establishing the program, the Secretary shall ensure that ongoing foreign market development cooperator projects and activities are continued and appropriately incorporated into the program. Transfer of Funds. Funding made available for obligation for the ongoing projects and activities shall be transferred for use in carrying out the program. The amount made available to the Department of Agriculture for the ongoing projects and activities for fiscal year 1996 shall be adjusted to reflect the funds transferred under this subsection.

Cooperator Program Act of 1995 - Amends the Agricultural Trade Act of 1978 to require the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for US agricultural commodities and products. Directs that such program be carried out through multiyear contracts or agreements between the Secretary and ETOs under which cost sharing assistance shall be provided by the Secretary to the ETOs as cooperators for the conduct of foreign market development activities, and to third party cooperators, under specified annual marketing plans. Sets forth provisions regarding: (1) eligibility requirements. And (2) criteria for contract approval. Requires an ETO participating in the program to provide market development and customer support services outside the United States directed at foreign purchasers, potential purchasers, and users of US agricultural commodities and products through trade servicing, technical assistance, and consumer education. Sets forth specific goals, such as to increase foreign consumer and commercial use of, develop long-term foreign demand for, and help overcome constraints to US exports of, the commodity or product. Requires: (1) a participating ETO to coordinate its activities with those of the Foreign Agricultural Service (FAS) which shall assist ETOs in the development and operation of trade promotion programs that use product exhibits, trade teams, market information services, and trade referral services to expand international markets for US agricultural commodities and products. And (2) an ETO to consult with the FAS to ensure that the ETO's annual marketing plan is consistent with and complements the FAS's foreign market development activities. Sets forth provisions regarding: (1) annual marketing plans, (2) oversight, and (3) cooperator organizations. Authorizes appropriations.

Cooperator Program Act of 1995

108_hr3595

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Home Infant Care Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In the majority of American families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the family. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. (2) Research shows that the quality and nature of care- taking in the first months and years of life are critical to a newborn's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and dependable relationships. (3) Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of licensed infant slots can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. (4) For the well-being of American children, and for the economic security of the families on which they depend, working parents should be able to provide this care themselves without undermining family economic stability. SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting ``(other than section 658H)'' after ``subchapter'', (2) by inserting ``(a) In General.--'' before ``There'', and (3) by adding at the end the following: ``(b) Infant Care at Home.--There is authorized to be appropriated for each of the fiscal years 2005, 2006, and 2007 such sums as may be necessary to carry out section 658H.''. (b) Application and Plan.--Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(i) by inserting ``(other than section 658H)'' after ``subchapter'', and (B) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(I) Maintenance of effort.--Certify that the State agrees that funds appropriated under section 658B for any period will be used to supplement, and not to supplant, non-Federal funds that in the absence of funds appropriated under section 658B would be made available to provide child care services and infant care.'', (2) in paragraph (3)-- (A) in subparagraph (B) by inserting ``(other than section 658H)'' after ``subchapter'', (B) in subparagraph (D) by inserting ``(other than section 658H)'' after ``subchapter'', and (C) by adding at the end the following: ``(E) Assistance for infant care at home.--If a State elects to receive funds appropriated under section 658B(b) for a fiscal year, the State plan shall provide that the State will use such funds to carry out section 658H in accordance with the applicable requirements of this subchapter.'', and (3) in paragraph (5) by inserting ``and, if applicable, by eligible parent caregivers who receive financial assistance provided under section 658H'' before the period at the end. (c) Activities to Improve the Quality of Child Care.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by inserting ``(other than section 658H)'' after ``subchapter''. (d) Financial Assistance for Infant Care Provided at Home by Parents.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting after section 658G the following: ``SEC. 658H. FINANCIAL ASSISTANCE FOR INFANT CARE PROVIDED AT HOME BY PARENTS. ``(a) Authority to Make Grants.--With funds appropriated under section 658B(b) for a fiscal year, the Secretary may make grants equitably on the basis of the demonstrated need of parent caregivers for financial assistance, to eligible States to provide financial assistance to enable eligible parents to become the caregivers for eligible infants at home. ``(b) Eligibility of Parents.--A parent of an eligible infant is eligible to receive financial assistance provided under subsection (a) by a State only if such parent-- ``(1) is a member of a family that does not receive child care services for such infant provided with funds appropriated under section 658B(a) for such fiscal year; ``(2)(A) is a member of a single-parent family and-- ``(i) worked not less than 60 hours (in the aggregate); or ``(ii) worked not less than 40 hours (in the aggregate) and attended not less than 20 hours (in the aggregate) a postsecondary education or training program; in the 3-month period ending on the date such parent applies for such assistance; or ``(B) is a member of a 2-parent family in which both parents worked 120 hours (in the aggregate) in the 3-month period ending on the date such parent applies for such assistance; ``(3)(A) is a member of a single-parent family and agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with an eligible child care provider; or ``(B) is a member of a 2-parent family and-- ``(i) such parent agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with a child care provider; and ``(ii) the other parent will work for compensation during such period; and ``(4) to comply with any other requirement applicable under this subchapter. ``(c) Limitation.--Financial assistance may not be provided under this section to an eligible parent for a period exceeding 24 months (in the aggregate) during the lifetime of such parent.''. (e) Evaluation and Report to Congress.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by inserting ``(a) Biennial Reports.--'' before ``Not'', and (2) by adding at the end the following: ``(b) Report on At-Home Infant Care.--Not later than 4 years after the date of the enactment of At-Home Infant Care Act of 2004, the Secretary shall submit, to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, a report containing a summary of an evaluation carried out by the Secretary to determine the effectiveness of infant care provided under section 658H. Such evaluation shall include information relating to-- ``(1) experiences of the States in developing and operating programs under section 658H, including design issues and issues in coordinating infant care under such section with child care services provided under other provisions of this subchapter; ``(2) characteristics of families seeking to receive financial assistance, and of families receiving such assistance, provided under such section; ``(3) the length of time families receive such assistance under such section and the reasons families cease to receive such assistance; ``(4) the employment patterns of families receive such assistance under such section and the effect receiving such assistance has on current or subsequent employment; and ``(5) the costs and benefits of such assistance.''. (f) Amounts Reserved; Allotments.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``section 658B(a)'', and (B) in paragraph (2) by striking ``658B'' and inserting ``658B(a)'', and (2) in subsection (e)(3) by inserting ``(other than section 658H)'' after ``subchapter''. (g) Definitions.--Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) by inserting after paragraph (5) the following: ``(5A) Eligible infant.--The term `eligible infant' means an eligible child who-- ``(A) is less than 2 years of age; and ``(B) whose family income does not exceed 85 percent of the State median income for a family of the same size.'', and (2) in paragraph (8) by striking ``658B(a)'' and inserting ``658D(a)''. (h) Miscellaneous Provisions.--Section 658S of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) is amended by inserting ``(including financial assistance provided under section 658H)'' after ``subchapter''. SEC. 4. CONFORMING AMENDMENTS. Section 418(c) of the Social Security Act (42 U.S.C. 618(c)) is amended-- (1) by inserting ``(excluding section 658H)'' after ``such Act'' the 1st place it appears, and (2) by inserting ``(excluding the requirements and limitations applicable to assistance provided under section 658H)'' after ``such Act'' the 2d place it appears.

At-Home Infant Care Act of 2004 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for the Secretary of Health and Human Services to make grants to eligible States to provide financial assistance for up to 24 months to enable an eligible parent to become the caregiver for an eligible infant at home.

To amend the Child Care and Development Block Grant Act of 1990 to authorize financial assistance to permit infants to be cared for at home by parents.

10,591

341

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "At-Home Infant Care Act of 2004". <SECTION-HEADER> FINDINGS. Congress finds the following: In the majority of American families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the family. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. Research shows that the quality and nature of care- taking in the first months and years of life are critical to a newborn's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and dependable relationships. Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of licensed infant slots can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. For the well-being of American children, and for the economic security of the families on which they depend, working parents should be able to provide this care themselves without undermining family economic stability. <SECTION-HEADER> AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. Authorization of Appropriations. Section 658B of the Child Care and Development Block Grant Act of 1990 is amended by inserting "" after "subchapter", by inserting "(a) In General. " before "There", and by adding at the end the following: Infant Care at Home. There is authorized to be appropriated for each of the fiscal years 2005, 2006, and 2007 such sums as may be necessary to carry out section 658H.". Application and Plan. Section 658E(c) of the Child Care and Development Block Grant Act of 1990 (42 USC. 9858c(c)) is amended in paragraph (2) in subparagraph (A)(i) by inserting "" after "subchapter", and in subparagraph (B) by inserting "" after "subchapter", and by adding at the end the following: Maintenance of effort. Certify that the State agrees that funds appropriated under section 658B for any period will be used to supplement, and not to supplant, non-Federal funds that in the absence of funds appropriated under section 658B would be made available to provide child care services and infant care.", in paragraph (3) in subparagraph (B) by inserting "" after "subchapter", in subparagraph (D) by inserting "" after "subchapter", and by adding at the end the following: Assistance for infant care at home. If a State elects to receive funds appropriated under section 658B(b) for a fiscal year, the State plan shall provide that the State will use such funds to carry out section 658H in accordance with the applicable requirements of this subchapter.", and in paragraph (5) by inserting "and, if applicable, by eligible parent caregivers who receive financial assistance provided under section 658H" before the period at the end. Activities to Improve the Quality of Child Care. Section 658G of the Child Care and Development Block Grant Act of 1990 is amended by inserting "" after "subchapter". Financial Assistance for Infant Care Provided at Home by Parents. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G the following: "Section 658H. FINANCIAL ASSISTANCE FOR INFANT CARE PROVIDED AT HOME BY PARENTS. Authority to Make Grants. With funds appropriated under section 658B(b) for a fiscal year, the Secretary may make grants equitably on the basis of the demonstrated need of parent caregivers for financial assistance, to eligible States to provide financial assistance to enable eligible parents to become the caregivers for eligible infants at home. Eligibility of Parents. A parent of an eligible infant is eligible to receive financial assistance provided under subsection (a) by a State only if such parent is a member of a family that does not receive child care services for such infant provided with funds appropriated under section 658B(a) for such fiscal year. (A) is a member of a single-parent family and worked not less than 60 hours. Or worked not less than 40 hours and attended not less than 20 hours a postsecondary education or training program. In the 3-month period ending on the date such parent applies for such assistance. Or is a member of a 2-parent family in which both parents worked 120 hours in the 3-month period ending on the date such parent applies for such assistance. (A) is a member of a single-parent family and agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with an eligible child care provider. Or is a member of a 2-parent family and such parent agrees to use such assistance to personally care for such infant at home in lieu of placing such infant with a child care provider. And the other parent will work for compensation during such period. And to comply with any other requirement applicable under this subchapter. Limitation. Financial assistance may not be provided under this section to an eligible parent for a period exceeding 24 months during the lifetime of such parent.". Evaluation and Report to Congress. Section 658L of the Child Care and Development Block Grant Act of 1990 is amended by inserting "(a) Biennial Reports. " before "Not", and by adding at the end the following: Report on At-Home Infant Care. Not later than 4 years after the date of the enactment of At-Home Infant Care Act of 2004, the Secretary shall submit, to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, a report containing a summary of an evaluation carried out by the Secretary to determine the effectiveness of infant care provided under section 658H. Such evaluation shall include information relating to experiences of the States in developing and operating programs under section 658H, including design issues and issues in coordinating infant care under such section with child care services provided under other provisions of this subchapter. Characteristics of families seeking to receive financial assistance, and of families receiving such assistance, provided under such section. The length of time families receive such assistance under such section and the reasons families cease to receive such assistance. The employment patterns of families receive such assistance under such section and the effect receiving such assistance has on current or subsequent employment, and the costs and benefits of such assistance.". Amounts Reserved. Allotments. Section 658O of the Child Care and Development Block Grant Act of 1990 is amended in subsection (a) in paragraph (1) by striking "this subchapter" and inserting "section 658B(a)", and in paragraph (2) by striking "658B" and inserting "658B(a)", and in subsection (e)(3) by inserting "" after "subchapter". Definitions. Section 658P of the Child Care and Development Block Grant Act of 1990 is amended by inserting after paragraph (5) the following: Eligible infant. The term `eligible infant' means an eligible child who is less than 2 years of age. And whose family income does not exceed 85 percent of the State median income for a family of the same size.", and in paragraph (8) by striking "658B(a)" and inserting "658D(a)". Miscellaneous Provisions. Section 658S of the Child Care and Development Block Grant Act of 1990 is amended by inserting "" after "subchapter". <SECTION-HEADER> CONFORMING AMENDMENTS. Section 418(c) of the Social Security Act (42 USC. 618(c)) is amended by inserting "" after "such Act" the 1st place it appears, and by inserting "" after "such Act" the 2d place it appears.

At-Home Infant Care Act of 2004 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for the Secretary of Health and Human Services to make grants to eligible States to provide financial assistance for up to 24 months to enable an eligible parent to become the caregiver for an eligible infant at home.

To amend the Child Care and Development Block Grant Act of 1990 to authorize financial assistance to permit infants to be cared for at home by parents.

111_hr3133

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Evidence Request Efficiency Act of 2009''. SEC. 2. IMPROVEMENTS TO TITLE 18. Title 18 of the United States Code is amended-- (1) in section 2703-- (A) in subsection (a), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; (B) in subsection (b)(1)(A), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; and (C) in subsection (c)(1)(A), by striking ``by a court with jurisdiction over the offense under investigation or an equivalent State warrant'' and inserting ``(or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction''; (2) in section 2711(3), by striking ``has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation; and'' and inserting the following: ``includes-- ``(A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or ``(iii) is acting on a request for foreign assistance pursuant to section 3512 of this title; or ``(B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; and''; (3) in section 3127(2)(A), by striking ``having jurisdiction over the offense being investigated;'' and inserting the following: ``that-- ``(i) has jurisdiction over the offense being investigated; ``(ii) is in or for a district in which the provider of a wire or electronic communication service is located; ``(iii) is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located; or ``(iv) is acting on a request for foreign assistance pursuant to section 3512 of this title;''; (4) in chapter 223, by adding at the end the following: ``Sec. 3512. Foreign requests for assistance in criminal investigations and prosecutions ``(a) Execution of Request for Assistance.-- ``(1) In general.--Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. ``(2) Scope of orders.--Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of-- ``(A) a search warrant, as provided under rule 41 of the Federal Rules of Criminal Procedure; ``(B) a warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under section 2703 of this title; ``(C) an order for a pen register or trap and trace device as provided under section 3123 of this title; or ``(D) an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both. ``(b) Appointment of Persons To Take Testimony or Statements.-- ``(1) In general.--In response to an application for execution of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or statements or of the production of documents or other things, or both. ``(2) Authority of appointed person.--Any person appointed under an order issued pursuant to paragraph (1) may-- ``(A) issue orders requiring the appearance of a person, or the production of documents or other things, or both; ``(B) administer any necessary oath; and ``(C) take testimony or statements and receive documents or other things. ``(c) Filing of Requests.--Except as provided under subsection (d), an application for execution of a request from a foreign authority under this section may be filed-- ``(1) in the district in which a person who may be required to appear resides or is located or in which the documents or things to be produced are located; ``(2) in cases in which the request seeks the appearance of persons or production of documents or things that may be located in multiple districts, in any one of the districts in which such a person, documents, or things may be located; or ``(3) in any case, the district in which a related Federal criminal investigation or prosecution is being conducted, or in the District of Columbia. ``(d) Search Warrant Limitation.--An application for execution of a request for a search warrant from a foreign authority under this section, other than an application for a warrant issued as provided under section 2703 of this title, shall be filed in the district in which the place or person to be searched is located. ``(e) Search Warrant Standard.--A Federal judge may issue a search warrant under this section only if the foreign offense for which the evidence is sought involves conduct that, if committed in the United States, would be considered an offense punishable by imprisonment for more than one year under Federal or State law. ``(f) Service of Order or Warrant.--Except as provided under subsection (d), an order or warrant issued pursuant to this section may be served or executed in any place in the United States. ``(g) Rule of Construction.--Nothing in this section shall be construed to preclude any foreign authority or an interested person from obtaining assistance in a criminal investigation or prosecution pursuant to section 1782 of title 28, United States Code. ``(h) Definitions.--As used in this section, the following definitions shall apply: ``(1) Federal judge.--The terms `Federal judge' and `attorney for the Government' have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure. ``(2) Foreign authority.--The term `foreign authority' means a foreign judicial authority, a foreign authority responsible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.''; and (5) in the table of sections for chapter 223, by adding at the end the following: ``3512. Foreign requests for assistance in criminal investigations and prosecutions.''.

Foreign Evidence Request Efficiency Act of 2009 - Amends the federal criminal code to: (1) allow any court of competent jurisdiction, as defined by this Act, to require the disclosure of stored wire or electronic communications for criminal investigations. And (2) authorize a federal judge to issue orders to execute requests from foreign judicial or law enforcement authorities for assistance in the investigation or prosecution of criminal offenses.

To improve title 18 of the United States Code.

9,085

452

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Foreign Evidence Request Efficiency Act of 2009". <SECTION-HEADER> IMPROVEMENTS TO TITLE 18. Title 18 of the United States Code is amended in section 2703 in subsection (a), by striking "by a court with jurisdiction over the offense under investigation or an equivalent State warrant" and inserting " by a court of competent jurisdiction". In subsection (b)(1)(A), by striking "by a court with jurisdiction over the offense under investigation or an equivalent State warrant" and inserting " by a court of competent jurisdiction". And in subsection (c)(1)(A), by striking "by a court with jurisdiction over the offense under investigation or an equivalent State warrant" and inserting " by a court of competent jurisdiction". In section 2711(3), by striking "has the meaning assigned by section 3127, and includes any Federal court within that definition, without geographic limitation. And" and inserting the following: "includes any district court of the United States or any United States court of appeals that has jurisdiction over the offense being investigated. Is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored. Or is acting on a request for foreign assistance pursuant to section 3512 of this title. Or a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants, and". In section 3127(2)(A), by striking "having jurisdiction over the offense being investigated. " and inserting the following: "that has jurisdiction over the offense being investigated. Is in or for a district in which the provider of a wire or electronic communication service is located. Is in or for a district in which a landlord, custodian, or other person subject to subsections (a) or (b) of section 3124 of this title is located. Or is acting on a request for foreign assistance pursuant to section 3512 of this title, ". In chapter 223, by adding at the end the following: "Section 3512. Foreign requests for assistance in criminal investigations and prosecutions Execution of Request for Assistance. In general. Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. Scope of orders. Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of a search warrant, as provided under rule 41 of the Federal Rules of Criminal Procedure. A warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under section 2703 of this title. An order for a pen register or trap and trace device as provided under section 3123 of this title. Or an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both. Appointment of Persons To Take Testimony or Statements. In general. In response to an application for execution of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or statements or of the production of documents or other things, or both. Authority of appointed person. Any person appointed under an order issued pursuant to paragraph (1) may issue orders requiring the appearance of a person, or the production of documents or other things, or both, administer any necessary oath. And take testimony or statements and receive documents or other things. Filing of Requests. Except as provided under subsection (d), an application for execution of a request from a foreign authority under this section may be filed in the district in which a person who may be required to appear resides or is located or in which the documents or things to be produced are located. In cases in which the request seeks the appearance of persons or production of documents or things that may be located in multiple districts, in any one of the districts in which such a person, documents, or things may be located. Or in any case, the district in which a related Federal criminal investigation or prosecution is being conducted, or in the District of Columbia. Search Warrant Limitation. An application for execution of a request for a search warrant from a foreign authority under this section, other than an application for a warrant issued as provided under section 2703 of this title, shall be filed in the district in which the place or person to be searched is located. Search Warrant Standard. A Federal judge may issue a search warrant under this section only if the foreign offense for which the evidence is sought involves conduct that, if committed in the United States, would be considered an offense punishable by imprisonment for more than one year under Federal or State law. Service of Order or Warrant. Except as provided under subsection (d), an order or warrant issued pursuant to this section may be served or executed in any place in the United States. Rule of Construction. Nothing in this section shall be construed to preclude any foreign authority or an interested person from obtaining assistance in a criminal investigation or prosecution pursuant to section 1782 of title 28, United States Code. Definitions. As used in this section, the following definitions shall apply: Federal judge. The terms `Federal judge' and `attorney for the Government' have the meaning given such terms for the purposes of the Federal Rules of Criminal Procedure. Foreign authority. The term `foreign authority' means a foreign judicial authority, a foreign authority responsible for the investigation or prosecution of criminal offenses or for proceedings related to the prosecution of criminal offenses, or an authority designated as a competent authority or central authority for the purpose of making requests for assistance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters.". And in the table of sections for chapter 223, by adding at the end the following: "3512. Foreign requests for assistance in criminal investigations and prosecutions.".

Foreign Evidence Request Efficiency Act of 2009 - Amends the federal criminal code to: (1) allow any court of competent jurisdiction, as defined by this Act, to require the disclosure of stored wire or electronic communications for criminal investigations. And (2) authorize a federal judge to issue orders to execute requests from foreign judicial or law enforcement authorities for assistance in the investigation or prosecution of criminal offenses.

To improve title 18 of the United States Code.

109_s2491

SECTION 1. SHORT TITLE. This Act may be cited as the ``Byron Nelson Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Byron Nelson was a top player in the sport of golf during the World War II era and his accomplishments as a player, a teacher, and commentator are renowned. (2) Byron Nelson won 54 career victories, including a record 11 in a row in 1945, during his short 13-year career. (3) Byron Nelson won 5 majors, including 2 Masters (1937 and 1942), 2 Professional Golf Association (PGA) Championships (1940 and 1945) and the U.S. Open (1939). (4) Sports journalist Bill Nichols recently ranked the greatest seasons on the PGA tour for The Dallas Morning News and picked Roanoke, Texas-resident Byron Nelson's 1945 tour as the greatest season of golf in American history. (5) In 1945, Byron Nelson accumulated 18 total victories, 11 of which were consecutive, while averaging 68.33 strokes per round for 30 tournaments. (6) At the Seattle Open in 1945, Byron Nelson shot a record 62 for 18 holes and the world record 259, 29 shots under par for 72 holes. (7) Byron Nelson is one of only 2 golfers to be named ``Male Athlete of the Year'' twice by the Associated Press: in 1944, when he won 7 tournaments and averaged 69.67 strokes for 85 rounds, and again after his 1945 season. (8) The World Golf Hall of Fame honored Byron Nelson in 2004 by featuring an exhibit entitled ``Byron Nelson: A Champion ... A Gentleman''. (9) Byron Nelson was selected for the Ryder Cup 4 times--in 1937, 1939, 1947 and 1965, and on that last occasion he led the United States Ryder Cup team as team captain to victory over Great Britain. (10) Byron Nelson was also a pioneer in the golf business, helping to develop the golf shoes and umbrellas used today. (11) In 1966, True Temper created the ``Iron Byron'' robot to replicate Byron Nelson's swing in order to test the company's equipment, but the robot was eventually used for club and ball testing by the United States Golf Association (USGA) and many other manufacturing companies. (12) Byron Nelson mentored many golf hopefuls, including 1964 Player of the Year Ken Venturi and 6-time PGA Player of the Year Tom Watson. (13) Byron Nelson was one of the first golf analysts on network television where his understanding of the game in general, and the golf swing in particular, was demonstrably profound. (14) Byron Nelson received the United States Golf Association's Bob Jones Award for distinguished sportsmanship in golf in 1974. (15) In 1974, the Golf Writers Association of America presented Byron Nelson with the Richardson Award for consistently outstanding contributions to golf. (16) Since 1983, the Byron and Louise Nelson Golf Endowment Fund has provided over $1,500,000 in endowment funds to Abilene Christian University in Abilene, Texas. (17) Byron Nelson received the PGA Distinguished Service Award in 1993. This award is presented to an individual who has helped perpetuate the ideals and values of the PGA. (18) Byron Nelson has served as an honorary chairperson for the Metroport Meals on Wheels since 1992. (19) In 1994, the Golf Course Superintendents Association of America presented Byron Nelson with the Old Tom Morris Award for outstanding contributions to the game. (20) Byron Nelson helped to develop the Tournament Players Course (TPC) Four Seasons at Los Colinas, Texas, site of the EDS Byron Nelson Championship and the Byron Nelson Golf School, into a world-class facility. (21) The EDS Byron Nelson Championship is the only PGA tour event named in honor of a professional golfer and traditionally attracts the strongest players in the sport. (22) Since its inception, the EDS Byron Nelson Championship has raised $88,000,000 for Salesmanship Club Youth and Family Centers, a nonprofit agency that provides education and mental health services for more than 2,700 children and their families in the greater Dallas area. (23) In 2002, Byron Nelson received the prestigious Donald Ross Award from the American Society of Golf Course Architects (ASGCA) for his significant contribution to the game of golf and the profession of golf course architecture. (24) The United States Golf Association presented Byron Nelson the Ike Grainger Award for volunteer service to the game of golf in 2002. (25) In 2002, the National Golf Foundation presented Byron Nelson with the Graffis Award for outstanding lifelong contributions to the game of golf. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the Senate September 27, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 2491 _______________________________________________________________________ AN ACT To award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.

Byron Nelson Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Byron Nelson in recognition of his contributions to the game of golf as a player, teacher, and commentator.

A bill to award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.

7,663

214

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Byron Nelson Congressional Gold Medal Act". <SECTION-HEADER> FINDINGS. Congress finds as follows: Byron Nelson was a top player in the sport of golf during the World War II era and his accomplishments as a player, a teacher, and commentator are renowned. Byron Nelson won 54 career victories, including a record 11 in a row in 1945, during his short 13-year career. Byron Nelson won 5 majors, including 2 Masters , 2 Professional Golf Association (PGA) Championships and the US Open (1939). Sports journalist Bill Nichols recently ranked the greatest seasons on the PGA tour for The Dallas Morning News and picked Roanoke, Texas-resident Byron Nelson's 1945 tour as the greatest season of golf in American history. In 1945, Byron Nelson accumulated 18 total victories, 11 of which were consecutive, while averaging 68.33 strokes per round for 30 tournaments. At the Seattle Open in 1945, Byron Nelson shot a record 62 for 18 holes and the world record 259, 29 shots under par for 72 holes. Byron Nelson is one of only 2 golfers to be named "Male Athlete of the Year" twice by the Associated Press: in 1944, when he won 7 tournaments and averaged 69.67 strokes for 85 rounds, and again after his 1945 season. The World Golf Hall of Fame honored Byron Nelson in 2004 by featuring an exhibit entitled "Byron Nelson: A Champion .. A Gentleman". Byron Nelson was selected for the Ryder Cup 4 times in 1937, 1939, 1947 and 1965, and on that last occasion he led the United States Ryder Cup team as team captain to victory over Great Britain. Byron Nelson was also a pioneer in the golf business, helping to develop the golf shoes and umbrellas used today. In 1966, True Temper created the "Iron Byron" robot to replicate Byron Nelson's swing in order to test the company's equipment, but the robot was eventually used for club and ball testing by the United States Golf Association (USGA) and many other manufacturing companies. Byron Nelson mentored many golf hopefuls, including 1964 Player of the Year Ken Venturi and 6-time PGA Player of the Year Tom Watson. Byron Nelson was one of the first golf analysts on network television where his understanding of the game in general, and the golf swing in particular, was demonstrably profound. Byron Nelson received the United States Golf Association's Bob Jones Award for distinguished sportsmanship in golf in 1974. In 1974, the Golf Writers Association of America presented Byron Nelson with the Richardson Award for consistently outstanding contributions to golf. Since 1983, the Byron and Louise Nelson Golf Endowment Fund has provided over $1,500,000 in endowment funds to Abilene Christian University in Abilene, Texas. Byron Nelson received the PGA Distinguished Service Award in 1993. This award is presented to an individual who has helped perpetuate the ideals and values of the PGA. Byron Nelson has served as an honorary chairperson for the Metroport Meals on Wheels since 1992. In 1994, the Golf Course Superintendents Association of America presented Byron Nelson with the Old Tom Morris Award for outstanding contributions to the game. Byron Nelson helped to develop the Tournament Players Course (TPC) Four Seasons at Los Colinas, Texas, site of the EDS Byron Nelson Championship and the Byron Nelson Golf School, into a world-class facility. The EDS Byron Nelson Championship is the only PGA tour event named in honor of a professional golfer and traditionally attracts the strongest players in the sport. Since its inception, the EDS Byron Nelson Championship has raised $88,000,000 for Salesmanship Club Youth and Family Centers, a nonprofit agency that provides education and mental health services for more than 2,700 children and their families in the greater Dallas area. In 2002, Byron Nelson received the prestigious Donald Ross Award from the American Society of Golf Course Architects for his significant contribution to the game of golf and the profession of golf course architecture. The United States Golf Association presented Byron Nelson the Ike Grainger Award for volunteer service to the game of golf in 2002. In 2002, the National Golf Foundation presented Byron Nelson with the Graffis Award for outstanding lifelong contributions to the game of golf. <SECTION-HEADER> CONGRESSIONAL GOLD MEDAL. Presentation Authorized. The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator. Design and Striking. For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. <SECTION-HEADER> DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. <SECTION-HEADER> STATUS OF MEDALS. National Medals. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. Numismatic Items. For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. <SECTION-HEADER> AUTHORITY TO USE FUND AMOUNTS. PROCEEDS OF SALE. Authority To Use Fund Amounts. There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. Proceeds of Sale. Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. Passed the Senate September 27, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 2491 AN ACT To award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.

Byron Nelson Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Byron Nelson in recognition of his contributions to the game of golf as a player, teacher, and commentator.

A bill to award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator.

106_s3241

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vietnam Education Foundation Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To establish an international fellowship program under which-- (A) Vietnamese nationals can undertake graduate and post-graduate level studies in the sciences (natural, physical, and environmental), mathematics, medicine, and technology (including information technology); and (B) United States citizens can teach in the fields specified in subparagraph (A) in appropriate Vietnamese institutions. (2) To further the process of reconciliation between the United States and Vietnam and the building of a bilateral relationship serving the interests of both countries. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors of the Foundation. (2) Foundation.--The term ``Foundation'' means the Vietnam Education Foundation established in section 4. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) United states-vietnam debt agreement.--The term ``United States-Vietnam debt agreement'' means the Agreement Between the Government of the United States of America and the Government of the Socialist Republic of Vietnam Regarding the Consolidation and Rescheduling of Certain Debts Owed to, Guaranteed by, or Insured by the United States Government and the Agency for International Development, dated April 7, 1997. SEC. 4. ESTABLISHMENT. There is established the Vietnam Education Foundation as an independent establishment of the executive branch under section 104 of title 5, United States Code. SEC. 5. BOARD OF DIRECTORS. (a) In General.--The Foundation shall be subject to the supervision and direction of the Board of Directors, which shall consist of 13 members, as follows: (1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. (2) Two members of the Senate, appointed by the President pro tempore, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. (3) Secretary of State. (4) Secretary of Education. (5) Secretary of Treasury. (6) Six members to be appointed by the President from among individuals in the nongovernmental sector who have academic excellence or experience in the fields of concentration specified in section 2(1)(A) or a general knowledge of Vietnam, not less than three of whom shall be drawn from academic life. (b) Rotation of Membership.--(1) The term of office of each member appointed under subsection (a)(6) shall be 3 years, except that of the members initially appointed under that subsection, two shall serve for terms of one year, two shall serve for terms of two years, and two shall serve for terms of three years. (2) A member of Congress appointed under subsection (a)(1) or (2) shall not serve as a member of the Board for more than a total of six years. (c) Chair.--The Board shall elect one of the members appointed under subsection (a)(6) to serve as Chair. (d) Meetings.--The Board shall meet upon the call of the Chair but not less frequently than twice each year. A majority of the voting members of the Board shall constitute a quorum. (e) Duties.--The Board shall-- (1) select the individuals who will be eligible to serve as Fellows; and (2) provide overall supervision and direction of the Foundation. (f) Compensation.-- (1) In general.--Except as provided in paragraph (2), each member of the Board shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. SEC. 6. FELLOWSHIP PROGRAM. (a) Award of Fellowships.-- (1) In general.--To carry out the purposes of this Act, the Foundation shall award fellowships to-- (A) Vietnamese nationals to study at institutions of higher education in the United States at graduate and post-graduate levels in the following fields: physical sciences, natural sciences, mathematics, environmental sciences, medicine, technology, and computer sciences; and (B) United States citizens to teach in Vietnam in appropriate Vietnamese institutions in the fields of study described in subparagraph (A). (2) Special emphasis on scientific and technical vocabulary in english.--Fellowships awarded under paragraph (1) may include funding for the study of scientific and technical vocabulary in English. (b) Criteria for Selection.--Fellowships under this Act shall be awarded to persons who meet the minimum criteria established by the Foundation, including the following: (1) Vietnamese nationals.--Vietnamese candidates for fellowships shall have basic English proficiency and must have the ability to meet the criteria for admission into graduate or post-graduate programs in United States institutions of higher learning. (2) United states citizen teachers.--American teaching candidates shall be highly competent in their fields and be experienced and proficient teachers. (c) Implementation.--The Foundation may provide, directly or by contract, for the conduct of nationwide competition for the purpose of selecting recipients of fellowships awarded under this section. (d) Authority To Award Fellowships on a Matching Basis.--The Foundation may require, as a condition of the availability of funds for the award of a fellowship under this Act, that an institution of higher education make available funds for such fellowship on a matching basis. (e) Fellowship Conditions.--A person awarded a fellowship under this Act may receive payments authorized under this Act only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and devoting full time to study or teaching, as appropriate, and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board. (f) Funding.-- (1) Fiscal year 2001.-- (A) Authorization of appropriations.--There are authorized to be appropriated to the Foundation $5,000,000 for fiscal year 2001 to carry out the activities of the Foundation. (B) Availability of funds.--Amounts appropriated pursuant to subparagraph (A) are authorized to remain available until expended. (2) Fiscal year 2002 and subsequent fiscal years.-- Effective October 1, 2001, the Foundation shall utilize funds transferred to the Foundation under section 7. SEC. 7. VIETNAM DEBT REPAYMENT FUND. (a) Establishment.--Notwithstanding any other provision of law, there is established in the Treasury a separate account which shall be known as the Vietnam Debt Repayment Fund (in this subsection referred to as the ``Fund''). (b) Deposits.--There shall be deposited as offsetting receipts into the Fund all payments (including interest payments) made by the Socialist Republic of Vietnam under the United States-Vietnam debt agreement. (c) Availability of the Funds.-- (1) Fiscal year limitation.--Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, $5,000,000 of the amounts deposited into the Fund (or accrued interest) each fiscal year shall be available to the Foundation, without fiscal year limitation, under paragraph (2). (2) Disbursement of funds.--The Secretary of the Treasury, at least on a quarterly basis, shall transfer to the Foundation amounts allotted to the Foundation under paragraph (1) for the purpose of carrying out its activities. (3) Transfer of excess funds to miscellaneous receipts.-- Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, the Secretary of the Treasury shall withdraw from the Fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the Fund in excess of amounts made available to the Foundation under paragraph (1). (d) Annual Report.--The Board shall prepare and submit annually to Congress statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. SEC. 9. FOUNDATION PERSONNEL MATTERS. (a) Appointment by Board.--There shall be an Executive Secretary of the Foundation who shall be appointed by the Board without regard to the provisions of title 5, United States Code, or any regulation thereunder, governing appointment in the competitive service. The Executive Director shall be the Chief Executive Officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least 6 of the 9 voting members of the Board. (b) Professional Staff.--The Executive Director shall hire Foundation staff on the basis of professional and nonpartisan qualifications. (c) Experts and Consultants.--The Executive Director may procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code to carry out the purposes of the Foundation. (d) Compensation.--The Board may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title V, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. SEC. 9. ADMINISTRATIVE PROVISIONS. (a) In General.--In order to carry out this title, the Foundation may-- (1) prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out; (2) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (3) accept and use the services of voluntary and noncompensated personnel; (4) enter into contracts or other arrangements, or make grants, to carry out the provisions of this title, and enter into such contracts or other arrangements, or make such grants, with the concurrence of a majority of the members of the Board, without performance or other bonds and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); (5) rent office space in the District of Columbia; and (6) make other necessary expenditures. (b) Annual Report.--The Foundation shall submit to the President and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives an annual report of its operations under this Act. SEC. 10. TERMINATION. (a) In General.--The Foundation may not award any new fellowship, or extend any existing fellowship, after September 30, 2016. (b) Abolishment.--Effective 120 days after the expiration of the last fellowship in effect under this Act, the Foundation is abolished.

Establishes the Vietnam Debt Repayment Fund which shall consist of deposits as offsetting receipts of all payments made by the Socialist Republic of Vietnam under the US-Vietnam debt agreement, dated April 7, 1997. Makes amounts deposited into the Fund available for Foundation activities.

Vietnam Education Foundation Act of 2000

13,742

289

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Vietnam Education Foundation Act of 2000". <SECTION-HEADER> PURPOSES. The purposes of this Act are the following: To establish an international fellowship program under which Vietnamese nationals can undertake graduate and post-graduate level studies in the sciences , mathematics, medicine, and technology. And United States citizens can teach in the fields specified in subparagraph (A) in appropriate Vietnamese institutions. To further the process of reconciliation between the United States and Vietnam and the building of a bilateral relationship serving the interests of both countries. <SECTION-HEADER> DEFINITIONS. In this Act: Board. The term "Board" means the Board of Directors of the Foundation. Foundation. The term "Foundation" means the Vietnam Education Foundation established in section 4. Institution of higher education. The term "institution of higher education" has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 USC. 1001(a)). United states-vietnam debt agreement. The term "United States-Vietnam debt agreement" means the Agreement Between the Government of the United States of America and the Government of the Socialist Republic of Vietnam Regarding the Consolidation and Rescheduling of Certain Debts Owed to, Guaranteed by, or Insured by the United States Government and the Agency for International Development, dated April 7, 1997. <SECTION-HEADER> ESTABLISHMENT. There is established the Vietnam Education Foundation as an independent establishment of the executive branch under section 104 of title 5, United States Code. <SECTION-HEADER> BOARD OF DIRECTORS. In General. The Foundation shall be subject to the supervision and direction of the Board of Directors, which shall consist of 13 members, as follows: Two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. Two members of the Senate, appointed by the President pro tempore, one of whom shall be appointed upon the recommendation of the Majority Leader and one of whom shall be appointed upon the recommendation of the Minority Leader, and who shall serve as ex officio, nonvoting members. Secretary of State. Secretary of Education. Secretary of Treasury. Six members to be appointed by the President from among individuals in the nongovernmental sector who have academic excellence or experience in the fields of concentration specified in section 2(1)(A) or a general knowledge of Vietnam, not less than three of whom shall be drawn from academic life. Rotation of Membership. (1) The term of office of each member appointed under subsection (a)(6) shall be 3 years, except that of the members initially appointed under that subsection, two shall serve for terms of one year, two shall serve for terms of two years, and two shall serve for terms of three years. A member of Congress appointed under subsection (a)(1) or (2) shall not serve as a member of the Board for more than a total of six years. Chair. The Board shall elect one of the members appointed under subsection (a)(6) to serve as Chair. Meetings. The Board shall meet upon the call of the Chair but not less frequently than twice each year. A majority of the voting members of the Board shall constitute a quorum. Duties. The Board shall select the individuals who will be eligible to serve as Fellows. And provide overall supervision and direction of the Foundation. Compensation. In general. Except as provided in paragraph (2), each member of the Board shall serve without compensation, and members who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Travel expenses. The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. <SECTION-HEADER> FELLOWSHIP PROGRAM. Award of Fellowships. In general. To carry out the purposes of this Act, the Foundation shall award fellowships to Vietnamese nationals to study at institutions of higher education in the United States at graduate and post-graduate levels in the following fields: physical sciences, natural sciences, mathematics, environmental sciences, medicine, technology, and computer sciences. And United States citizens to teach in Vietnam in appropriate Vietnamese institutions in the fields of study described in subparagraph (A). Special emphasis on scientific and technical vocabulary in english. Fellowships awarded under paragraph (1) may include funding for the study of scientific and technical vocabulary in English. Criteria for Selection. Fellowships under this Act shall be awarded to persons who meet the minimum criteria established by the Foundation, including the following: Vietnamese nationals. Vietnamese candidates for fellowships shall have basic English proficiency and must have the ability to meet the criteria for admission into graduate or post-graduate programs in United States institutions of higher learning. United states citizen teachers. American teaching candidates shall be highly competent in their fields and be experienced and proficient teachers. Implementation. The Foundation may provide, directly or by contract, for the conduct of nationwide competition for the purpose of selecting recipients of fellowships awarded under this section. Authority To Award Fellowships on a Matching Basis. The Foundation may require, as a condition of the availability of funds for the award of a fellowship under this Act, that an institution of higher education make available funds for such fellowship on a matching basis. Fellowship Conditions. A person awarded a fellowship under this Act may receive payments authorized under this Act only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency and devoting full time to study or teaching, as appropriate, and is not engaging in gainful employment other than employment approved by the Foundation pursuant to regulations of the Board. Funding. Fiscal year 2001. Authorization of appropriations. There are authorized to be appropriated to the Foundation $5,000,000 for fiscal year 2001 to carry out the activities of the Foundation. Availability of funds. Amounts appropriated pursuant to subparagraph (A) are authorized to remain available until expended. Fiscal year 2002 and subsequent fiscal years. Effective October 1, 2001, the Foundation shall utilize funds transferred to the Foundation under section 7. <SECTION-HEADER> VIETNAM DEBT REPAYMENT FUND. Establishment. Notwithstanding any other provision of law, there is established in the Treasury a separate account which shall be known as the Vietnam Debt Repayment Fund . Deposits. There shall be deposited as offsetting receipts into the Fund all payments made by the Socialist Republic of Vietnam under the United States-Vietnam debt agreement. Availability of the Funds. Fiscal year limitation. Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, $5,000,000 of the amounts deposited into the Fund each fiscal year shall be available to the Foundation, without fiscal year limitation, under paragraph . Disbursement of funds. The Secretary of the Treasury, at least on a quarterly basis, shall transfer to the Foundation amounts allotted to the Foundation under paragraph (1) for the purpose of carrying out its activities. Transfer of excess funds to miscellaneous receipts. Beginning with fiscal year 2002, and each subsequent fiscal year through fiscal year 2018, the Secretary of the Treasury shall withdraw from the Fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the Fund in excess of amounts made available to the Foundation under paragraph (1). Annual Report. The Board shall prepare and submit annually to Congress statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance. <SECTION-HEADER> FOUNDATION PERSONNEL MATTERS. Appointment by Board. There shall be an Executive Secretary of the Foundation who shall be appointed by the Board without regard to the provisions of title 5, United States Code, or any regulation thereunder, governing appointment in the competitive service. The Executive Director shall be the Chief Executive Officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. The decision to employ or terminate an Executive Director shall be made by an affirmative vote of at least 6 of the 9 voting members of the Board. Professional Staff. The Executive Director shall hire Foundation staff on the basis of professional and nonpartisan qualifications. Experts and Consultants. The Executive Director may procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code to carry out the purposes of the Foundation. Compensation. The Board may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title V, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the Executive Director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. <SECTION-HEADER> ADMINISTRATIVE PROVISIONS. In General. In order to carry out this title, the Foundation may prescribe such regulations as it considers necessary governing the manner in which its functions shall be carried out. Receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions, accept and use the services of voluntary and noncompensated personnel. Enter into contracts or other arrangements, or make grants, to carry out the provisions of this title, and enter into such contracts or other arrangements, or make such grants, with the concurrence of a majority of the members of the Board, without performance or other bonds and without regard to section 3709 of the Revised Statutes, rent office space in the District of Columbia. And make other necessary expenditures. Annual Report. The Foundation shall submit to the President and to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives an annual report of its operations under this Act. <SECTION-HEADER> TERMINATION. In General. The Foundation may not award any new fellowship, or extend any existing fellowship, after September 30, 2016. Abolishment. Effective 120 days after the expiration of the last fellowship in effect under this Act, the Foundation is abolished.

Establishes the Vietnam Debt Repayment Fund which shall consist of deposits as offsetting receipts of all payments made by the Socialist Republic of Vietnam under the US-Vietnam debt agreement, dated April 7, 1997. Makes amounts deposited into the Fund available for Foundation activities.

Vietnam Education Foundation Act of 2000

109_hr5612

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee National Forest Act of 2006''. SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST, GEORGIA. (a) Establishment.--There is hereby established in the Chattahoochee National Forest in the State of Georgia the Mountaintown National Scenic Area (in this section referred to as the ``scenic area'') consisting of approximately 13,382 acres, as generally depicted on the map entitled ``Mountaintown Proposed Scenic Area--Chattahoochee National Forest, Georgia'' and dated May 3, 2006. (b) Map and Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a final map and boundary description of the scenic area. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and boundary description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. In the case of any discrepancy between the acreage and the map referred to in subsection (a) and the map and boundary description required by this subsection, the map and boundary description required by this subsection shall control. (c) Management.-- (1) Purposes.--The Secretary shall manage the scenic area for the purposes of-- (A) ensuring the appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the area; (B) protecting and managing vegetation in the area to provide wildlife and fish habitat, consistent with subparagraph (A); (C) providing parcels within the area that may develop characteristics of old-growth forests; and (D) providing a variety of recreation opportunities, consistent with the preceding purposes. (2) Priority.--In the case of a conflict between the management purposes specified in paragraph (1) and the laws and regulations generally applicable to the National Forest System, the management purposes shall take precedence. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the land and resource management plan for the Chattahoochee National Forest. The amendment shall conform to the requirements of this section. Nothing in this section shall require the Secretary to revise the land and resource management plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (e) Roads.--After the date of the enactment of this Act, no new roads shall be constructed or established within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. (f) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (g) Motorized Travel.--Motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the management purposes specified in subsection (c)(1) and in support of wildlife management projects in existence as of the date of the enactment of this Act. (h) Fire.--Wildfires in the scenic area shall be suppressed in a manner consistent with the management purposes specified in subsection (c)(1), using such means as the Secretary considers appropriate. (i) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (j) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (k) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. SEC. 3. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS WILDERNESS IN GEORGIA. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following lands in the State of Georgia, which are administered by the Secretary of Agriculture as part of the Chattahoochee National Forest and comprise approximately 8,448 acres, as generally depicted on the maps dated May 3, 2006, and entitled ``Proposed Wilderness Additions--Chattahoochee National Forest'', are hereby designated as wilderness and incorporated into the existing wilderness area to which they adjoin: (1) Three additions to the existing Southern Nantahala Wilderness: Ben Gap, consisting of 1,294 acres, Shoal Branch, consisting of 412, and Tate Branch, consisting of 1,085 acres. (2) One addition to the existing Blood Mountain Wilderness: Cedar Mountain, consisting of 561 acres. (3) Two additions to the existing Brasstown Wilderness: Duck Branch, consisting of 190 acres, and Wilson Cove, consisting of 563 acres. (4) One addition to the existing Ellicott Rock Wilderness: Ellicott Rock Addition, consisting of 562 acres. (5) Two additions to the existing Cohutta Wilderness: Foster Branch, consisting of 165 acres, and Ken Mountain, consisting of 527 acres. (6) One addition to the existing Raven Cliffs Wilderness: Helton Creek, consisting of 2,451 acres. (7) One addition to the existing Tray Mountain Wilderness: Tripp Branch, consisting of 638 acres. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress final maps and boundary descriptions of the lands designated as wilderness by this section. The maps and descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Administration.-- (1) In general.--Subject to valid existing rights, the Secretary shall administer the lands designated as wilderness by this section in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section. (2) Effective date of wilderness act.--With respect to the land designated as wilderness by this section, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (3) Fish and wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State of Georgia with respect to fish and wildlife in the Chattahoochee National Forest. (4) Withdrawal.--Subject to valid existing rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

Chattahoochee National Forest Act of 2006 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest. Designates specified lands in Georgia which are administered by the Secretary as part of the Chattahoochee National Forest as wilderness and incorporates such lands into the existing wilderness area to which they adjoin.

To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia, and to designate additional National Forest System land in the State of Georgia as components of the National Wilderness Preservation System.

8,701

523

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Chattahoochee National Forest Act of 2006". <SECTION-HEADER> MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL FOREST, GEORGIA. Establishment. There is hereby established in the Chattahoochee National Forest in the State of Georgia the Mountaintown National Scenic Area consisting of approximately 13,382 acres, as generally depicted on the map entitled "Mountaintown Proposed Scenic Area Chattahoochee National Forest, Georgia" and dated May 3, 2006. Map and Descriptions. As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a final map and boundary description of the scenic area. The map and description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and boundary description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. In the case of any discrepancy between the acreage and the map referred to in subsection (a) and the map and boundary description required by this subsection, the map and boundary description required by this subsection shall control. Management. Purposes. The Secretary shall manage the scenic area for the purposes of ensuring the appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources of the area. Protecting and managing vegetation in the area to provide wildlife and fish habitat, consistent with subparagraph (A). Providing parcels within the area that may develop characteristics of old-growth forests. And providing a variety of recreation opportunities, consistent with the preceding purposes. Priority. In the case of a conflict between the management purposes specified in paragraph (1) and the laws and regulations generally applicable to the National Forest System, the management purposes shall take precedence. Management Plan. Not later than three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the land and resource management plan for the Chattahoochee National Forest. The amendment shall conform to the requirements of this section. Nothing in this section shall require the Secretary to revise the land and resource management plan for the Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 . Roads. After the date of the enactment of this Act, no new roads shall be constructed or established within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. Vegetation Management. No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. Motorized Travel. Motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the management purposes specified in subsection (1) and in support of wildlife management projects in existence as of the date of the enactment of this Act. Fire. Wildfires in the scenic area shall be suppressed in a manner consistent with the management purposes specified in subsection (1), using such means as the Secretary considers appropriate. Insects and Disease. Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. Water. The scenic area shall be administered so as to maintain or enhance existing water quality. Mining Withdrawal. Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. <SECTION-HEADER> DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND AS WILDERNESS IN GEORGIA. Designation. In furtherance of the purposes of the Wilderness Act , the following lands in the State of Georgia, which are administered by the Secretary of Agriculture as part of the Chattahoochee National Forest and comprise approximately 8,448 acres, as generally depicted on the maps dated May 3, 2006, and entitled "Proposed Wilderness Additions Chattahoochee National Forest", are hereby designated as wilderness and incorporated into the existing wilderness area to which they adjoin: Three additions to the existing Southern Nantahala Wilderness: Ben Gap, consisting of 1,294 acres, Shoal Branch, consisting of 412, and Tate Branch, consisting of 1,085 acres. One addition to the existing Blood Mountain Wilderness: Cedar Mountain, consisting of 561 acres. Two additions to the existing Brasstown Wilderness: Duck Branch, consisting of 190 acres, and Wilson Cove, consisting of 563 acres. One addition to the existing Ellicott Rock Wilderness: Ellicott Rock Addition, consisting of 562 acres. Two additions to the existing Cohutta Wilderness: Foster Branch, consisting of 165 acres, and Ken Mountain, consisting of 527 acres. One addition to the existing Raven Cliffs Wilderness: Helton Creek, consisting of 2,451 acres. One addition to the existing Tray Mountain Wilderness: Tripp Branch, consisting of 638 acres. Maps and Legal Descriptions. As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress final maps and boundary descriptions of the lands designated as wilderness by this section. The maps and descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the maps and boundary descriptions. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Chief of the Forest Service. Administration. In general. Subject to valid existing rights, the Secretary shall administer the lands designated as wilderness by this section in accordance with the Wilderness Act and this section. Effective date of wilderness act. With respect to the land designated as wilderness by this section, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. Fish and wildlife. As provided in section 4(d)(7) of the Wilderness Act (16 USC. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State of Georgia with respect to fish and wildlife in the Chattahoochee National Forest. Withdrawal. Subject to valid existing rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws. And disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

Chattahoochee National Forest Act of 2006 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest. Designates specified lands in Georgia which are administered by the Secretary as part of the Chattahoochee National Forest as wilderness and incorporates such lands into the existing wilderness area to which they adjoin.

To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia, and to designate additional National Forest System land in the State of Georgia as components of the National Wilderness Preservation System.

110_hr3299

SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL FOREST, COLORADO. (a) Boundary Adjustment.--The boundaries of Roosevelt National Forest, Colorado, are hereby modified to exclude from the national forest a parcel of real property consisting of approximately 7 acres within the Crystal Lakes Subdivision as depicted on the map entitled ``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008. (b) Conveyance of Land Removed From National Forest.--The Secretary of Agriculture shall use the authority provided by Public Law 97-465 (commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey all right, title, and interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under subsection (a) to the landowners whose real property adjoins the excluded land and who, as of the date of the enactment of this Act, occupy the excluded land. (c) Consideration.--The conveyances required by subsection (b) shall be made without consideration. (d) Description of Real Property.--The exact acreage and legal description of the land excluded from the boundaries of Roosevelt National Forest under subsection (a) and conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. SEC. 2. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. (a) In General.--The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (in this section referred to as ``NOAA''), including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary-- (1) determines that the conveyance is in the best interests of NOAA and the Federal Government; and (2) has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. (b) Consideration.-- (1) In general.--For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. (2) Form.--Consideration under this subsection may include any combination of-- (A) cash or cash equivalents; (B) other property (either real or personal); and (C) consideration in-kind, including-- (i) provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property; (ii) maintenance of NOAA property; (iii) provision of office, storage, or other useable space; or (iv) relocation services associated with conveyance of property under this section. (3) Determination of fair market value.--The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. (c) Use of Proceeds.--Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for-- (1) activities related to the operations of, or capital improvements, to NOAA property; or (2) relocation and other costs associated with the sale or exchange. (d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property (e) Termination.--The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Modifies the boundaries of Roosevelt National Forest, Colorado, to exclude from it a parcel of real property consisting of approximately seven acres within the Crystal Lakes Subdivision as depicted on a map dated July 15, 2008. Directs the Secretary of Agriculture to use the authority provided by the Small Tracts Act to convey all interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under this Act to the landowners whose real property adjoins the excluded land and who occupy the excluded land. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government. And (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property. Or (2) relocation and other costs associated with the sale or exchange.

To provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land, and for other purposes.

5,236

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<SECTION-HEADER> BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL FOREST, COLORADO. Boundary Adjustment. The boundaries of Roosevelt National Forest, Colorado, are hereby modified to exclude from the national forest a parcel of real property consisting of approximately 7 acres within the Crystal Lakes Subdivision as depicted on the map entitled "Crystal Lakes Encroachment, HR 3299" and dated July 15, 2008. Conveyance of Land Removed From National Forest. The Secretary of Agriculture shall use the authority provided by Public Law 97-465 to convey all right, title, and interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under subsection (a) to the landowners whose real property adjoins the excluded land and who, as of the date of the enactment of this Act, occupy the excluded land. Consideration. The conveyances required by subsection (b) shall be made without consideration. Description of Real Property. The exact acreage and legal description of the land excluded from the boundaries of Roosevelt National Forest under subsection (a) and conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. <SECTION-HEADER> SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA. In General. The Secretary of Commerce may sell or exchange to the City of Norfolk, Virginia, in accordance with chapter 13 of title 40, United States Code, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration , including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres, if the Secretary determines that the conveyance is in the best interests of NOAA and the Federal Government. And has provided prior notification to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. Consideration. In general. For any conveyance under this section the Secretary shall require the City of Norfolk to provide consideration to the United States that is not less than the fair market value of the property conveyed by the United States. Form. Consideration under this subsection may include any combination of cash or cash equivalents, other property. And consideration in-kind, including provision of space, goods, or services of benefit to NOAA including construction, repair, remodeling, or other physical improvements of NOAA property, maintenance of NOAA property, provision of office, storage, or other useable space. Or relocation services associated with conveyance of property under this section. Determination of fair market value. The Secretary shall determine fair market value for purposes of paragraph (1) based upon a highest- and best-use appraisal of the property conveyed under subsection (a) conducted in conformance with the Uniform Appraisal Standards for Professional Appraisal Practice. Use of Proceeds. Amounts received under subsection (b)(2)(A) by the United States as proceeds of any conveyance under this section shall be available to the Secretary, subject to appropriation, for activities related to the operations of, or capital improvements, to NOAA property. Or relocation and other costs associated with the sale or exchange. Additional Terms and Conditions. The Secretary may require such additional terms and conditions in connection with the conveyance of property by the United States under subsection (a) as the Secretary considers appropriate to protect the interest of the United States, including the recoupment of any profit the City of Norfolk may realize within three years after the date of conveyance to the City due to resale of the property Termination. The authority granted to the Secretary under subsections (a) and (b) shall terminate at the end of the 24-month period beginning on the date of enactment of this Act if no contract for sale or exchange under subsection (a) has been entered into by the City of Norfolk and the United States. Passed the House of Representatives September 22, 2008. Attest: LORRAINE C. MILLER, Clerk.

Modifies the boundaries of Roosevelt National Forest, Colorado, to exclude from it a parcel of real property consisting of approximately seven acres within the Crystal Lakes Subdivision as depicted on a map dated July 15, 2008. Directs the Secretary of Agriculture to use the authority provided by the Small Tracts Act to convey all interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under this Act to the landowners whose real property adjoins the excluded land and who occupy the excluded land. Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government. And (2) has provided prior notification to the appropriate congressional committees. Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property. Or (2) relocation and other costs associated with the sale or exchange.

To provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land, and for other purposes.

114_s2639

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Congressional Research Service Reports Act of 2016''. SEC. 2. DEFINITIONS. (a) CRS Product.--In this Act, the term ``CRS product'' means any final work product of CRS in any format. (b) CRS Report.-- (1) In general.--In this Act, the term ``CRS Report'' means any written CRS product, including an update to a previous written CRS product, consisting of-- (A) a Congressional Research Service Report; (B) a Congressional Research Service Authorization of Appropriations Product and Appropriations Product; or (C) subject to paragraph (2)(C), any other written CRS product containing CRS research or CRS analysis which is available for general congressional access on the CRS Congressional Intranet. (2) Exclusions.--The term ``CRS Report'' does not include-- (A) any CRS product that is determined by the CRS Director to be a custom product or service because it was prepared in direct response to a request for custom analysis or research and is not available for general congressional access on the CRS Congressional Intranet; (B) any Congressional Research Service Report or any Congressional Research Service Authorization of Appropriations Product and Appropriations Product which, as of the effective date of this Act, is not available for general congressional access on the CRS Congressional Intranet; or (C) a written CRS product that has been made available by CRS for publication on a public website maintained by the GPO Director (other than the Website) or the Library of Congress. (c) Other Definitions.--In this Act-- (1) the term ``CRS'' means the Congressional Research Service; (2) the term ``CRS Congressional Intranet'' means any of the websites maintained by CRS for the purpose of providing to Members and employees of Congress access to information from CRS; (3) the term ``CRS Director'' means the Director of CRS; (4) the term ``GPO Director'' means the Director of the Government Publishing Office; (5) the term ``Member of Congress'' includes a Delegate or Resident Commissioner to Congress; and (6) the term ``Website'' means the website established and maintained under section 3. SEC. 3. AVAILABILITY OF CRS REPORTS THROUGH GPO WEBSITE. (a) Website.-- (1) Establishment and maintenance.--The GPO Director, in consultation with the CRS Director, shall establish and maintain a public Website containing CRS Reports and an index of all CRS Reports contained on the Website, in accordance with this section. (2) Format.--On the Website, CRS Reports shall be searchable, sortable, and downloadable, including downloadable in bulk. (3) Free access.--Notwithstanding section 4102 of title 44, United States Code, the GPO Director may not charge a fee for access to the Website. (b) Updates; Disclaimer.--The GPO Director, in consultation with the CRS Director, shall ensure that the Website-- (1) is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report released on or after the effective date of this Act; (2) shows the status of each CRS Report as new, updated, or withdrawn; and (3) displays the following statement in reference to the CRS Reports included on the Website: ``These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.''. (c) Furnishing of Necessary Information and Technology.--The CRS Director shall consult with and provide assistance to the GPO Director to ensure-- (1) that the GPO Director is provided with all of the information necessary to carry out this Act, including all of the information described in subparagraphs (A) through (E) of section 4(a)(1), in such format and manner as the GPO Director considers appropriate; and (2) that CRS makes available and implements such technology as may be necessary to facilitate the contemporaneous, automatic, and electronic provision of CRS Reports to the GPO Director as required under this Act. (d) Nonexclusivity.--The GPO Director may publish other information on the Website. (e) Additional Techniques.--The GPO Director and the CRS Director may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this Act and any other applicable laws. (f) Additional Information.--The CRS Director is encouraged to make additional CRS products that are not custom products or services available to the GPO Director for publication on the Website, and the GPO Director is encouraged to publish such CRS products on the Website. (g) Expansion of Contents of Annual Report to Congress To Include Information on Efforts To Make Additional Products Available on Website.--Section 203(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(i)) is amended by striking the period at the end and inserting the following: ``, and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not custom products or services available to the Director of the Government Publishing Office for publication on the website established and maintained under the Equal Access to Congressional Research Service Reports Act of 2016.''. SEC. 4. WEBSITE CONTENTS. (a) Specific Requirements for Reports Posted on Website.-- (1) Responsibilities of gpo director.--With respect to each CRS Report included on the Website, the GPO Director shall include-- (A) the name and identification number of the CRS Report; (B) an indication as to whether the CRS Report is new, updated, or withdrawn; (C) the date of release of the CRS Report; (D) the division or divisions of CRS that were responsible for the production of the CRS Report; and (E) any other information the GPO Director, in consultation with the CRS Director, considers appropriate. (2) Responsibilities of crs director.--With respect to each CRS Report included on the Website, the CRS Director shall, prior to transmitting the Report to the GPO Director-- (A) at the discretion of the CRS Director, remove the name of and any contact information for any employee of CRS; and (B) include in the CRS Report the following written statement: ``This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as this CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.''. (b) Specific Requirements for Index on Website.--The GPO Director shall ensure that the index of all CRS Reports published on the Website is-- (1) comprehensive; (2) contemporaneously updated; (3) searchable; (4) sortable; (5) maintained in a human-readable format; (6) maintained in a structured data format; (7) downloadable; and (8) inclusive of each item of information described in subsection (a)(1) with respect to each CRS Report. SEC. 5. CONFORMING AMENDMENT TO DUTIES OF CRS. Section 203(d) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(d)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) to comply with the requirements of, and provide information and technological assistance consistent with, the Equal Access to Congressional Research Service Reports Act of 2016.''. SEC. 6. RULES OF CONSTRUCTION. (a) No Effect on Speech or Debate Clause.--Nothing in this Act may be construed to diminish, qualify, condition, waive, or otherwise affect the applicability of clause 1 of section 6 of article I of the Constitution of the United States (commonly known as the ``Speech or Debate Clause'') or any other privilege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this Act. (b) Confidential Communications.--Nothing in this Act may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accordance with the rules and privileges of each House and the requirements of this Act. (c) Dissemination of CRS Products.--Nothing in this Act may be construed to limit or otherwise affect the ability of a Member, office, or committee of Congress to disseminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 90 days after the date on which the GPO Director submits the certification described in subsection (b)(2). (b) Provision of Information and Technology.-- (1) CRS deadline.--Not later than 90 days after the date of enactment of this Act, the CRS Director shall provide the GPO Director with the information and technology necessary for the GPO Director to begin the initial operation of the Website. (2) Certification.--Upon provision of the information and technology described in paragraph (1), the GPO Director shall submit to Congress a certification that the CRS Director has provided the information and technology necessary for the GPO Director to begin the initial operation of the Website.

Equal Access to Congressional Research Service Reports Act of 2016 This bill directs the Government Publishing Office (GPO) to establish and maintain a public website containing Congressional Research Service (CRS) Reports, and an index, that are searchable, sortable, and downloadable , for which no fee may be charged. The CRS Reports on the website shall include CRS Authorization of Appropriations Products, Appropriations Products, and any other written CRS product containing CRS research or analysis available for general congressional access on the CRS Congressional Intranet. The website shall exclude any: custom product or service prepared in direct response to a request for custom analysis or research and not available for general congressional access on the CRS Congressional Intranet. CRS Reports, Authorization of Appropriations Products, or Appropriations Products not so available. Or written CRS products that CRS has made available on a public website maintained by the GPO or the Library of Congress. The GPO shall ensure that the website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report. Before transmitting a CRS Report to the GPO for publication on the website, CRS may remove the name of, and any contact information for, any CRS employee. The Legislative Reorganization Act of 1946 is amended to require CRS to comply with this Act.

Equal Access to Congressional Research Service Reports Act of 2016

12,869

1,416

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Equal Access to Congressional Research Service Reports Act of 2016". <SECTION-HEADER> DEFINITIONS. CRS Product. In this Act, the term "CRS product" means any final work product of CRS in any format. CRS Report. In general. In this Act, the term "CRS Report" means any written CRS product, including an update to a previous written CRS product, consisting of a Congressional Research Service Report. A Congressional Research Service Authorization of Appropriations Product and Appropriations Product. Or subject to paragraph (2)(C), any other written CRS product containing CRS research or CRS analysis which is available for general congressional access on the CRS Congressional Intranet. Exclusions. The term "CRS Report" does not include any CRS product that is determined by the CRS Director to be a custom product or service because it was prepared in direct response to a request for custom analysis or research and is not available for general congressional access on the CRS Congressional Intranet. Any Congressional Research Service Report or any Congressional Research Service Authorization of Appropriations Product and Appropriations Product which, as of the effective date of this Act, is not available for general congressional access on the CRS Congressional Intranet. Or a written CRS product that has been made available by CRS for publication on a public website maintained by the GPO Director or the Library of Congress. Other Definitions. In this Act the term "CRS" means the Congressional Research Service. The term "CRS Congressional Intranet" means any of the websites maintained by CRS for the purpose of providing to Members and employees of Congress access to information from CRS, the term "CRS Director" means the Director of CRS. The term "GPO Director" means the Director of the Government Publishing Office. The term "Member of Congress" includes a Delegate or Resident Commissioner to Congress. And the term "Website" means the website established and maintained under section 3. <SECTION-HEADER> AVAILABILITY OF CRS REPORTS THROUGH GPO WEBSITE. Website. Establishment and maintenance. The GPO Director, in consultation with the CRS Director, shall establish and maintain a public Website containing CRS Reports and an index of all CRS Reports contained on the Website, in accordance with this section. Format. On the Website, CRS Reports shall be searchable, sortable, and downloadable, including downloadable in bulk. Free access. Notwithstanding section 4102 of title 44, United States Code, the GPO Director may not charge a fee for access to the Website. Updates. Disclaimer. The GPO Director, in consultation with the CRS Director, shall ensure that the Website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report released on or after the effective date of this Act. Shows the status of each CRS Report as new, updated, or withdrawn. And displays the following statement in reference to the CRS Reports included on the Website: "These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.". Furnishing of Necessary Information and Technology. The CRS Director shall consult with and provide assistance to the GPO Director to ensure that the GPO Director is provided with all of the information necessary to carry out this Act, including all of the information described in subparagraphs (A) through (E) of section 4(a)(1), in such format and manner as the GPO Director considers appropriate. And that CRS makes available and implements such technology as may be necessary to facilitate the contemporaneous, automatic, and electronic provision of CRS Reports to the GPO Director as required under this Act. Nonexclusivity. The GPO Director may publish other information on the Website. Additional Techniques. The GPO Director and the CRS Director may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this Act and any other applicable laws. Additional Information. The CRS Director is encouraged to make additional CRS products that are not custom products or services available to the GPO Director for publication on the Website, and the GPO Director is encouraged to publish such CRS products on the Website. Expansion of Contents of Annual Report to Congress To Include Information on Efforts To Make Additional Products Available on Website. Section 203(i) of the Legislative Reorganization Act of 1946 (2 USC. 166(i)) is amended by striking the period at the end and inserting the following: ", and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not custom products or services available to the Director of the Government Publishing Office for publication on the website established and maintained under the Equal Access to Congressional Research Service Reports Act of 2016.". <SECTION-HEADER> WEBSITE CONTENTS. Specific Requirements for Reports Posted on Website. Responsibilities of gpo director. With respect to each CRS Report included on the Website, the GPO Director shall include the name and identification number of the CRS Report. An indication as to whether the CRS Report is new, updated, or withdrawn, the date of release of the CRS Report. The division or divisions of CRS that were responsible for the production of the CRS Report. And any other information the GPO Director, in consultation with the CRS Director, considers appropriate. Responsibilities of crs director. With respect to each CRS Report included on the Website, the CRS Director shall, prior to transmitting the Report to the GPO Director at the discretion of the CRS Director, remove the name of and any contact information for any employee of CRS. And include in the CRS Report the following written statement: "This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as this CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.". Specific Requirements for Index on Website. The GPO Director shall ensure that the index of all CRS Reports published on the Website is comprehensive, contemporaneously updated, searchable, sortable, maintained in a human-readable format, maintained in a structured data format, downloadable. And inclusive of each item of information described in subsection (a)(1) with respect to each CRS Report. <SECTION-HEADER> CONFORMING AMENDMENT TO DUTIES OF CRS. Section 203(d) of the Legislative Reorganization Act of 1946 (2 USC. 166(d)) is amended by striking "and" at the end of paragraph (7). By striking the period at the end of paragraph (8) and inserting ", and". And by adding at the end the following new paragraph: to comply with the requirements of, and provide information and technological assistance consistent with, the Equal Access to Congressional Research Service Reports Act of 2016.". <SECTION-HEADER> RULES OF CONSTRUCTION. No Effect on Speech or Debate Clause. Nothing in this Act may be construed to diminish, qualify, condition, waive, or otherwise affect the applicability of clause 1 of section 6 of article I of the Constitution of the United States or any other privilege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this Act. Confidential Communications. Nothing in this Act may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accordance with the rules and privileges of each House and the requirements of this Act. Dissemination of CRS Products. Nothing in this Act may be construed to limit or otherwise affect the ability of a Member, office, or committee of Congress to disseminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities. <SECTION-HEADER> EFFECTIVE DATE. In General. Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 90 days after the date on which the GPO Director submits the certification described in subsection (b)(2). Provision of Information and Technology. CRS deadline. Not later than 90 days after the date of enactment of this Act, the CRS Director shall provide the GPO Director with the information and technology necessary for the GPO Director to begin the initial operation of the Website. Certification. Upon provision of the information and technology described in paragraph (1), the GPO Director shall submit to Congress a certification that the CRS Director has provided the information and technology necessary for the GPO Director to begin the initial operation of the Website.

Equal Access to Congressional Research Service Reports Act of 2016 This bill directs the Government Publishing Office (GPO) to establish and maintain a public website containing Congressional Research Service (CRS) Reports, and an index, that are searchable, sortable, and downloadable , for which no fee may be charged. The CRS Reports on the website shall include CRS Authorization of Appropriations Products, Appropriations Products, and any other written CRS product containing CRS research or analysis available for general congressional access on the CRS Congressional Intranet. The website shall exclude any: custom product or service prepared in direct response to a request for custom analysis or research and not available for general congressional access on the CRS Congressional Intranet. CRS Reports, Authorization of Appropriations Products, or Appropriations Products not so available. Or written CRS products that CRS has made available on a public website maintained by the GPO or the Library of Congress. The GPO shall ensure that the website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report. Before transmitting a CRS Report to the GPO for publication on the website, CRS may remove the name of, and any contact information for, any CRS employee. The Legislative Reorganization Act of 1946 is amended to require CRS to comply with this Act.

Equal Access to Congressional Research Service Reports Act of 2016

109_hr3832

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance to Individuals Delivering for America Act of 2005'' or the ``AID for America Act of 2005''. SEC. 2. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 45M the following new section: ``SEC. 45N. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. ``(a) In General.--For purposes of section 38, the employee disaster relief volunteer services credit determined under this section for the taxable year is an amount equal to 50 percent of the wages paid or incurred by the taxpayer during the taxable year to any employee of the taxpayer while such employee is performing qualified disaster relief services. ``(b) Limitations.-- ``(1) Maximum credit of $3,000 per month per employee.--The credit determined under this section with respect to services performed by an employee shall not exceed $100 per day of qualified disaster relief services. ``(2) Minimum period of creditable service.--A day of qualified disaster relief services of an employee may be taken into account under this section only if-- ``(A) such services are performed for at least 8 hours of such day, and ``(B) such day is within a 7-day period on at least 5 days of which the requirement of subparagraph (A) is met. ``(3) Maximum period of creditable service.--The period of qualified disaster relief services performed by an employee which may be taken into account under this section for the taxable year shall not exceed 90 days. ``(c) Employer Must Maintain Wages and Benefits.--No credit shall be determined under this section for wages paid or incurred by the taxpayer during any period unless the wages and benefits provided by the taxpayer for such period are the same as they would be were the employee not performing qualified disaster relief services and were performing such employee's normal services for the employer. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified disaster relief services.--The term `qualified disaster relief services' means any service furnished by an employee of the taxpayer if-- ``(A) the services are performed for an organization-- ``(i) which is determined by the Federal Emergency Management Agency as a bona fide disaster relief organization, and ``(ii) which is determined by the Secretary to have adequate recordkeeping and reporting procedures to make determinations under this section, ``(B) the services are performed in the area of a Presidentially declared disaster (as defined in section 1003(h)(3)) or in support of recovery efforts from such a disaster and are so certified by such organization, and ``(C) the employee receives no additional compensation for performing such services and the employer receives no compensation for such services. ``(2) Wages.--The term `wages' has the meaning given to such term by section 51(c). ``(e) Controlled Groups.--Rules similar to the rules of section 1397(b) shall apply for purposes of this section.'' (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45N(a),'' after ``45A(a),''. (c) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(25) the employee disaster relief volunteer services credit determined under section 45N(a).''. (2) Deduction for certain unused business credits.-- Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding after paragraph (13) the following new paragraph: ``(14) the employee disaster relief volunteer services credit determined under section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Employer credit for wages paid to employees who perform volunteer disaster relief services.''. (e) Effective Date.--The amendments made by this section shall apply to services performed after August 24, 2005, in taxable years ending after such date.

Assistance to Individuals Delivering for America Act of 2005 or the AID for America Act of 2005 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the wages paid to employees serving as disaster relief volunteers. Limits the amount of such credit to $100 per day per employee.

To amend the Internal Revenue Code of 1986 to reward those Americans who provide volunteer services in times of national need.

5,531

319

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Assistance to Individuals Delivering for America Act of 2005" or the "AID for America Act of 2005". <SECTION-HEADER> EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45M the following new section: "Section 45N. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM VOLUNTEER DISASTER RELIEF SERVICES. In General. For purposes of section 38, the employee disaster relief volunteer services credit determined under this section for the taxable year is an amount equal to 50 percent of the wages paid or incurred by the taxpayer during the taxable year to any employee of the taxpayer while such employee is performing qualified disaster relief services. Limitations. Maximum credit of $3,000 per month per employee. The credit determined under this section with respect to services performed by an employee shall not exceed $100 per day of qualified disaster relief services. Minimum period of creditable service. A day of qualified disaster relief services of an employee may be taken into account under this section only if such services are performed for at least 8 hours of such day, and such day is within a 7-day period on at least 5 days of which the requirement of subparagraph (A) is met. Maximum period of creditable service. The period of qualified disaster relief services performed by an employee which may be taken into account under this section for the taxable year shall not exceed 90 days. Employer Must Maintain Wages and Benefits. No credit shall be determined under this section for wages paid or incurred by the taxpayer during any period unless the wages and benefits provided by the taxpayer for such period are the same as they would be were the employee not performing qualified disaster relief services and were performing such employee's normal services for the employer. Definitions. For purposes of this section Qualified disaster relief services. The term `qualified disaster relief services' means any service furnished by an employee of the taxpayer if the services are performed for an organization which is determined by the Federal Emergency Management Agency as a bona fide disaster relief organization, and which is determined by the Secretary to have adequate recordkeeping and reporting procedures to make determinations under this section, the services are performed in the area of a Presidentially declared disaster (as defined in section 1003(h)(3)) or in support of recovery efforts from such a disaster and are so certified by such organization, and the employee receives no additional compensation for performing such services and the employer receives no compensation for such services. Wages. The term `wages' has the meaning given to such term by section 51(c). Controlled Groups. Rules similar to the rules of section 1397(b) shall apply for purposes of this section." Denial of Double Benefit. Subsection (a) of section 280C of such Code is amended by inserting "45N(a)," after "45A(a),". Credit Made Part of General Business Credit. In general. Subsection (b) of section 38 of such Code is amended by striking "plus" at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ", plus", and by adding at the end thereof the following new paragraph: the employee disaster relief volunteer services credit determined under section 45N(a).". Deduction for certain unused business credits. Subsection (c) of section 196 of such Code is amended by striking "and" at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ", and", and by adding after paragraph (13) the following new paragraph: the employee disaster relief volunteer services credit determined under section 45N(a).". Clerical Amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: "Section 45N. Employer credit for wages paid to employees who perform volunteer disaster relief services.". Effective Date. The amendments made by this section shall apply to services performed after August 24, 2005, in taxable years ending after such date.

Assistance to Individuals Delivering for America Act of 2005 or the AID for America Act of 2005 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the wages paid to employees serving as disaster relief volunteers. Limits the amount of such credit to $100 per day per employee.

To amend the Internal Revenue Code of 1986 to reward those Americans who provide volunteer services in times of national need.

106_hr332

SECTION 1. SHORT TITLE. This Act may be cited as the ``OPIC Termination Act''. SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.--(1) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (b) Termination of OPIC.--Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to OMB.--The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). (e) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 3. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.--(1) The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. (e) Parties.--If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (f) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.--(1) Section 5314 of title 5, United States Code, is amended by striking: ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking: ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking: ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.--(1) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act''. (2) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (3) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (A) by striking subparagraph (K); and (B) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (4) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12) by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (5) Section 624 of the Higher Education Act of 1965 (20 U.S.C. 1131c) is amended by striking ``the Overseas Private Investment Corporation,''. (6) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (7)(A) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is amended-- (i) by amending subsection (b) to read as follows: ``(b) Countries.--The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.''; and (ii) in the first sentence of subsection (c) by striking ``the Administrator'' and all that follows through ``Corporation'' and inserting ``and the Administrator of the Agency for International Development''. (B) The amendment made by subparagraph (A) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this Act. (8) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed. (9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (10) Section 9101(3) of title 31, United States Code, is amended-- (A) by striking subparagraph (H); and (B) by redesignating subparagraphs (I) through (P) as subparagraphs (H) through (O), respectively. (11) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. (D) Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. (E) Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100-461. (c) Effective Date.--The amendments and repeals made by this section shall take effect 180 days after the date of the enactment of this Act.

OPIC Termination Act - Abolishes the Overseas Private Investment Corporation.

OPIC Termination Act

11,040

77

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "OPIC Termination Act". <SECTION-HEADER> TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. Termination of Authority To Make New Obligations. (1) Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. Termination of OPIC. Effective 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. Transfer of Operations to OMB. The Director of the Office of Management and Budget shall, effective 180 days after the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. Repeal of Authorities. Effective 180 days after the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). Appropriations. Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. <SECTION-HEADER> SAVINGS PROVISIONS. Prior Determinations Not Affected. The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. Pending Proceedings. (1) The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted. And orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). Actions. Except as provided in subsection (e) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d). And in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. Liabilities Incurred. No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this Act. Parties. If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. Review. Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. <SECTION-HEADER> TECHNICAL AND CONFORMING AMENDMENTS. Title 5, United States Code. (1) Section 5314 of title 5, United States Code, is amended by striking: "President, Overseas Private Investment Corporation.". Section 5315 of title 5, United States Code, is amended by striking: "Executive Vice President, Overseas Private Investment Corporation.". Section 5316 of title 5, United States Code, is amended by striking: "Vice Presidents, Overseas Private Investment Corporation .". Other Amendments and Repeals. (1) Section 222(a) of the Foreign Assistance Act of 1961 is amended by inserting after "section 238(c)" the following: "as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act". Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 USC. 4721(b)(9)) is amended by striking "the Overseas Private Investment Corporation,". Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 USC. 4727(d)(1)) is amended by striking subparagraph (K). And by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 USC. 4902(b)) is amended in paragraph (12) by adding "and" after the semicolon, by striking paragraph (13). And by redesignating paragraph (14) as paragraph (13). Section 624 of the Higher Education Act of 1965 is amended by striking "the Overseas Private Investment Corporation,". Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 USC. 2291(e)(4)(A)) is amended by striking "". (A) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 is amended by amending subsection (b) to read as follows: Countries. The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.". And in the first sentence of subsection (c) by striking "the Administrator" and all that follows through "Corporation" and inserting "and the Administrator of the Agency for International Development". The amendment made by subparagraph (A) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this Act. Section 2(c)(12) of the Support for East European Democracy Act of 1989 (22 USC. 5401(c)(12)) is repealed. Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 USC. 6062(b)(2)(B)) is amended by striking clause (iv). And by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (H). And by redesignating subparagraphs (I) through (P) as subparagraphs (H) through (O), respectively. The following provisions of law are repealed: Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 . Section 5 of the Taiwan Relations Act . Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100-461. Effective Date. The amendments and repeals made by this section shall take effect 180 days after the date of the enactment of this Act.

OPIC Termination Act - Abolishes the Overseas Private Investment Corporation.

OPIC Termination Act

105_hr486

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Act of 1997''. SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. (a) Amendment.--Title I of the Communications Act of 1934 is amended by inserting after section 11 (47 U.S.C. 161) the following new section: ``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. ``(a) Findings.--The Congress finds that-- ``(1) Indian and Alaskan Native people live in some of the most geographically remote areas of the country, with 50 percent of Indian and Alaskan Native people living in Oklahoma, California, South Dakota, Arizona, New Mexico, Alaska, and Washington; ``(2) Indian poverty in reservation areas is 3.9 times the national average rate; ``(3) the average phone penetration rates for rural Native Americans is only 50 percent and actual penetration rates are often much lower; ``(4) what phone service there is in Indian country is often substandard and prohibitively expensive; ``(5) the Telecommunications Act of 1996 establishes a Federal-State Joint Board which issued recommendations on how to make low-cost telephone service affordable to all and to define what is deemed to be `universal service'; ``(6) the Telecommunications Act of 1996 requires the Federal Communications Commission to implement the recommendations from the Joint Board by May 8, 1997; ``(7) the benefits of Federal universal service policies have often not reached Indian country; ``(8) the Federal Government and the States have not historically adequately required telecommunications carriers to provide telecommunications services on Indian lands; and ``(9) the United States recognizes the sovereignty of Indian tribes in relation to the States through a government- to-government relationship, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes. ``(b) Policy Required.--Within 120 days after the date of enactment of this section, the Commission shall initiate a proceeding to develop and establish an official policy regarding the relations between the Commission and American Indians, including Alaskan Natives. In establishing such policy, the Commission shall-- ``(1) recognize-- ``(A) the special needs of American Indians, including Alaskan Natives, as determined under subsection (a); ``(B) the sovereign authority of tribal governments; and ``(C) the trust obligations of the United States; ``(2) promote the exercise of sovereign authority of tribal governments over the establishment of communications policies and regulations within their jurisdictions; ``(3) seek to promote Native Americans', including Alaskan Natives', participation in the consumption and provision of telecommunications services; and ``(4) not preclude the opportunity for improved negotiations between tribes and the States. ``(c) Notice Obligations.--The policy established pursuant to subsection (b) shall include procedures for giving Native Americans, including Alaskan Natives, notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted under section 309(j) of bands of frequencies in areas under the jurisdiction of tribal governments. ``(d) Forbearance.--The Commission shall forbear from applying any provision of this Act or any regulation thereunder to the extent that such forbearance-- ``(1) is necessary to ensure compliance with the trust responsibility of the United States; and ``(2) is consistent with the public interest. ``(e) Triennial Review.--The Commission shall review and revise as necessary the policies established pursuant to subsection (b) at least once every 3 years after the establishment of such policies.''. (b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47 U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan Native villages,'' after ``including''. SEC. 3. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPALS IN INDIAN COUNTRY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) Access by native americans.--Because States have not historically exercised the authority to require telecommunications carriers to deliver services on Indian lands, and because of the trust responsibilities of the United States, the responsibility to ensure the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates is a Federal responsibility that should be assured by means of the Federal support mechanisms established under this section, taking into account any support mechanisms established by the States.''; and (2) by adding at the end the following new subsection: ``(l) Maintenance of Native American Subscribership and Affordability Data.--The Commission shall prescribe such regulations as are necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. Such data shall be maintained by the Commission in a form that is easily accessible to the public. The Commission shall periodically review and summarize such data in its annual reports under section 4(k), and shall, on the basis of such review, take such other actions as are necessary to carry out the purposes of this section with respect to the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates.''. SEC. 4. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES. Section 103 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902) is amended by adding at the end the following new subsection: ``(d) Native American Telecommunications Infrastructure Policy Initiatives.--In carrying out the authority to serve as the President's adviser under subsection (b)(2)(D), the Assistant Secretary and the NTIA shall be responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.''.

Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians . Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in areas under the jurisdiction of tribal governments. Requires a review and revision as necessary of such policies at least every three years. Requires the Federal-State Joint Board and the FCC to include access by Native Americans as a principal for the preservation and advancement of universal service. Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. (2) periodically review and summarize such data in its annual reports. And (3) take necessary actions to deliver telecommunications and information services to Native Americans at just, reasonable, and affordable rates. Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.

Native American Telecommunications Act of 1997

7,146

1,647

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Native American Telecommunications Act of 1997". <SECTION-HEADER> ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. Amendment. Title I of the Communications Act of 1934 is amended by inserting after section 11 the following new section: "Section 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. Findings. The Congress finds that Indian and Alaskan Native people live in some of the most geographically remote areas of the country, with 50 percent of Indian and Alaskan Native people living in Oklahoma, California, South Dakota, Arizona, New Mexico, Alaska, and Washington. Indian poverty in reservation areas is 3.9 times the national average rate. The average phone penetration rates for rural Native Americans is only 50 percent and actual penetration rates are often much lower. What phone service there is in Indian country is often substandard and prohibitively expensive. The Telecommunications Act of 1996 establishes a Federal-State Joint Board which issued recommendations on how to make low-cost telephone service affordable to all and to define what is deemed to be `universal service'. The Telecommunications Act of 1996 requires the Federal Communications Commission to implement the recommendations from the Joint Board by May 8, 1997. The benefits of Federal universal service policies have often not reached Indian country. The Federal Government and the States have not historically adequately required telecommunications carriers to provide telecommunications services on Indian lands. And the United States recognizes the sovereignty of Indian tribes in relation to the States through a government- to-government relationship, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes. Policy Required. Within 120 days after the date of enactment of this section, the Commission shall initiate a proceeding to develop and establish an official policy regarding the relations between the Commission and American Indians, including Alaskan Natives. In establishing such policy, the Commission shall recognize the special needs of American Indians, including Alaskan Natives, as determined under subsection (a), the sovereign authority of tribal governments, and the trust obligations of the United States. Promote the exercise of sovereign authority of tribal governments over the establishment of communications policies and regulations within their jurisdictions. Seek to promote Native Americans', including Alaskan Natives', participation in the consumption and provision of telecommunications services. And not preclude the opportunity for improved negotiations between tribes and the States. Notice Obligations. The policy established pursuant to subsection (b) shall include procedures for giving Native Americans, including Alaskan Natives, notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted under section 309(j) of bands of frequencies in areas under the jurisdiction of tribal governments. Forbearance. The Commission shall forbear from applying any provision of this Act or any regulation thereunder to the extent that such forbearance is necessary to ensure compliance with the trust responsibility of the United States. And is consistent with the public interest. Triennial Review. The Commission shall review and revise as necessary the policies established pursuant to subsection (b) at least once every 3 years after the establishment of such policies.". Conforming Amendment. Section 309(j)(3)(B) of such Act (47 USC. 309(j)(3)(B)) is amended by inserting "Indian tribes, Alaskan Native villages," after "including". <SECTION-HEADER> ATTAINMENT OF UNIVERSAL SERVICE PRINCIPALS IN INDIAN COUNTRY. Section 254 of the Communications Act of 1934 is amended in subsection (b) by redesignating paragraph (7) as paragraph. And by inserting after paragraph (6) the following new paragraph: Access by native americans. Because States have not historically exercised the authority to require telecommunications carriers to deliver services on Indian lands, and because of the trust responsibilities of the United States, the responsibility to ensure the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates is a Federal responsibility that should be assured by means of the Federal support mechanisms established under this section, taking into account any support mechanisms established by the States.". And by adding at the end the following new subsection: Maintenance of Native American Subscribership and Affordability Data. The Commission shall prescribe such regulations as are necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. Such data shall be maintained by the Commission in a form that is easily accessible to the public. The Commission shall periodically review and summarize such data in its annual reports under section 4(k), and shall, on the basis of such review, take such other actions as are necessary to carry out the purposes of this section with respect to the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates.". <SECTION-HEADER> INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES. Section 103 of the National Telecommunications and Information Administration Organization Act is amended by adding at the end the following new subsection: Native American Telecommunications Infrastructure Policy Initiatives. In carrying out the authority to serve as the President's adviser under subsection (b)(2)(D), the Assistant Secretary and the NTIA shall be responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.".

Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians . Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in areas under the jurisdiction of tribal governments. Requires a review and revision as necessary of such policies at least every three years. Requires the Federal-State Joint Board and the FCC to include access by Native Americans as a principal for the preservation and advancement of universal service. Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. (2) periodically review and summarize such data in its annual reports. And (3) take necessary actions to deliver telecommunications and information services to Native Americans at just, reasonable, and affordable rates. Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.

Native American Telecommunications Act of 1997

115_s1578

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperwork Reduction for Farmers Act''. SEC. 2. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) that ensures that-- (1) petitioners may file such petitions through the Department of Labor's website; (2) any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission; and (3) any petitioner may file such petition in a paper format if such petitioner prefers such format. (b) Request for Evidence.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) If U.S. Citizenship and Immigration Services issues a Request for Evidence to an employer-- ``(A) the employer may request such Request for Evidence to be delivered in an online format; and ``(B) if the employer makes the request described in subparagraph (A)-- ``(i) the Request for Evidence shall be provided to the employer in an online format; and ``(ii) not later than 10 business days after the employer submits the requested evidence online, U.S. Citizenship and Immigration Services shall provide an online response to the employer-- ``(I) indicating that the submitted evidence is sufficient; or ``(II) explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency.''. SEC. 3. H-2A PROGRAM UPDATES. (a) In General.--Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``, labor as a year-round equine worker, labor as a year- round livestock worker (including as a dairy or poultry worker)'' before ``, and the pressing of apples''. (b) Joint Application; Deficiency Remedy.--Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended-- (1) by inserting ``(A)'' after ``(1)''; and (2) by adding at the end the following: ``(B) Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. ``(C) If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem.''. (c) Labor Certification; Staggered Employment Dates.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)), as amended by section 3(b), is further amended by adding at the end the following: ``(4) An employer that is seeking to rehire aliens as H-2A workers who previously worked for the employer as H-2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. ``(5) An employer that is seeking to hire aliens as H-2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. ``(6) Upon receiving notification from an employer that the employer's H-2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker-- ``(A) the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker; and ``(B) the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings.''.

Paperwork Reduction for Farmers Act This bill directs the Department of Labor to establish a process for filing petitions for nonimmigrant temporary agricultural workers that ensures that: (1) petitions may be filed through Labor's website or in a paper format, and (2) any technical deficiency in the petition will be indicated to the petitioner before submission. An employer that has received a request for evidence from US Citizenship and Immigration Services (CIS) may request that such evidence request be delivered in an online format. CIS, within 10 days of the employer's submission of evidence, shall: (1) provide an online response indicating whether the evidence is sufficient. And (2) if the evidence is insufficient, provide the employer with an opportunity to address the deficiencies. The Immigration and Nationality Act is amended to include year-round equine or livestock workers within the H-2A visa category. The requirement that apple pressing be performed on a farm in order to qualify for H-2A status is eliminated. The bill permits multiple employers to submit a joint petition to import nonimmigrant H-2A visa temporary agricultural workers. Upon approval of such petition, each joint employer shall be subject to the Act's H-2A provisions with respect to each alien listed in the petition. An employer seeking to rehire H-2A workers who previously worked for the employer as H-2A workers at any time may submit a simplified petition, to be developed by CIS, which shall include a certification that the employer complies with all applicable employment requirements. Such petitions shall be approved upon completion of applicable security screenings. An employer seeking to hire H-2A workers during different time periods in a given fiscal year may submit a single petition to CIS detailing each alien's employment period.

Paperwork Reduction for Farmers Act

5,450

1,847

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Paperwork Reduction for Farmers Act". <SECTION-HEADER> ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS. In General. Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 USC. 1101(a)(15)(H)(ii)(a)) that ensures that petitioners may file such petitions through the Department of Labor's website. Any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission. And any petitioner may file such petition in a paper format if such petitioner prefers such format. Request for Evidence. Section 218(h) of the Immigration and Nationality Act (8 USC. 1188(h)) is amended by adding at the end the following: If US Citizenship and Immigration Services issues a Request for Evidence to an employer the employer may request such Request for Evidence to be delivered in an online format. And if the employer makes the request described in subparagraph (A) the Request for Evidence shall be provided to the employer in an online format. And not later than 10 business days after the employer submits the requested evidence online, US Citizenship and Immigration Services shall provide an online response to the employer indicating that the submitted evidence is sufficient. Or explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency.". <SECTION-HEADER> H-2A PROGRAM UPDATES. In General. Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 USC. 1101(a)(15)(H)(ii)(a)) is amended by inserting ", labor as a year-round equine worker, labor as a year- round livestock worker " before ", and the pressing of apples". Joint Application. Deficiency Remedy. Section 214(c)(1) of the Immigration and Nationality Act (8 USC. 1184(c)(1)) is amended by inserting "(A)" after "(1)". And by adding at the end the following: Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of US Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem.". Labor Certification. Staggered Employment Dates. Section 218(h) of the Immigration and Nationality Act (8 USC. 1188(h)), as amended by section 3(b), is further amended by adding at the end the following: An employer that is seeking to rehire aliens as H-2A workers who previously worked for the employer as H-2A workers may submit a simplified petition, to be developed by the Director of US Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. An employer that is seeking to hire aliens as H-2A workers during different time periods in a given fiscal year may submit a single petition to US Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. Upon receiving notification from an employer that the employer's H-2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker. And the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings.".

Paperwork Reduction for Farmers Act This bill directs the Department of Labor to establish a process for filing petitions for nonimmigrant temporary agricultural workers that ensures that: (1) petitions may be filed through Labor's website or in a paper format, and (2) any technical deficiency in the petition will be indicated to the petitioner before submission. An employer that has received a request for evidence from US Citizenship and Immigration Services (CIS) may request that such evidence request be delivered in an online format. CIS, within 10 days of the employer's submission of evidence, shall: (1) provide an online response indicating whether the evidence is sufficient. And (2) if the evidence is insufficient, provide the employer with an opportunity to address the deficiencies. The Immigration and Nationality Act is amended to include year-round equine or livestock workers within the H-2A visa category. The requirement that apple pressing be performed on a farm in order to qualify for H-2A status is eliminated. The bill permits multiple employers to submit a joint petition to import nonimmigrant H-2A visa temporary agricultural workers. Upon approval of such petition, each joint employer shall be subject to the Act's H-2A provisions with respect to each alien listed in the petition. An employer seeking to rehire H-2A workers who previously worked for the employer as H-2A workers at any time may submit a simplified petition, to be developed by CIS, which shall include a certification that the employer complies with all applicable employment requirements. Such petitions shall be approved upon completion of applicable security screenings. An employer seeking to hire H-2A workers during different time periods in a given fiscal year may submit a single petition to CIS detailing each alien's employment period.

Paperwork Reduction for Farmers Act

105_hr4176

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Jamming Act of 1998''. TITLE I--PREVENTION OF SPAMMING SEC. 101. EXTENSION OF JUNK FAX REMEDIES TO COMMERCIAL EMAIL Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) in subsection (a), by adding at the end the following new paragraphs: ``(5) The term `unsolicited electronic mail message' means any electronic mail message that is addressed and sent to a recipient with whom the initiator does not have an existing relationship and has been sent by the initiator without the express consent of the recipient. ``(6) The term `unsolicited commercial electronic mail message' means any unsolicited electronic mail message that is sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. ``(7) The term `electronic mail service provider' means any entity that provides subscribers the ability to send or receive electronic mail. ``(8) The term `published policy' means, with respect to an electronic mail service provider's policy on unsolicited electronic mail messages, that such policy is available upon request in written form at no charge or is displayed conspicuously through an online notice on the Internet home page of the electronic mail service provider.''; (2) in subsection (c)(3)-- (A) by striking ``If the Commission determines to require such a database,'' and inserting ``If the Commission determines to require such a database pursuant to paragraph (2), or at any time subsequent to the proceeding required by paragraph (1) determines that a database is required to protect subscribers from telephone solicitations or unsolicited electronic mail messages,''; (B) by striking ``and'' at the end of subparagraph (K); (C) by striking the period at the end of subparagraph (L) and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: ``(M) require each electronic mail service provider, in accordance with regulations prescribed by the Commission, to inform subscribers for electronic mail service of the opportunity to provide notification, in accordance with such regulations, that such subscribers objects to receiving unsolicited commercial electronic mail messages; and ``(N) specify the methods by which each electronic mail service subscriber shall be informed, by the electronic mail service provider that provides such service to such subscriber, of (i) the subscriber's right to give or revoke a notification of objection under subparagraph (M), and (ii) the methods by which such right may be exercised by the subscriber.''; (3) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (4) by inserting after subsection (d) the following new subsection: ``(e) Restrictions on the Use of Unsolicited Commercial Electronic Mail Messages.-- ``(1) Information about sender; right to reply.--It shall be unlawful for any person within the United States-- ``(A) to initiate an unsolicited commercial electronic mail message unless such message contains-- ``(i) the name, street address, electronic mail address, and telephone number of the person who initiates transmission of the message; ``(ii) the name, street address, electronic mail address, and telephone number of the person who created the content of the message; ``(iii) a reply electronic mail address, conspicuously displayed, where recipients may send a reply to indicate a desire not to receive any further messages; or ``(iv) information on how recipients may exercise the rights established pursuant to subsection (c)(3); ``(B) to initiate an unsolicited commercial electronic mail message to any recipient who has previously indicated a desire not to receive such messages by sending a reply described in subparagraph (A)(iii)); or ``(C) to initiate an unsolicited commercial electronic mail message unless such message contains Internet routing information that is accurate, is valid according to prevailing standards for Internet protocols, and correctly reflects the actual message routing. ``(2) Enforcement of voluntary cyberrules regarding spamming.-- ``(A) Prohibition.--No subscriber of an electronic mail service provider shall use, or cause to be used, the electronic mail service or equipment in violation of that electronic mail service's published policy prohibiting or restricting the use of its service or equipment for the initiation of an unsolicited commercial electronic mail message. ``(B) Enforcement by providers.--Any subscriber who violates subparagraph (A) for the initiation of an unsolicited commercial electronic mail message shall be liable to the electronic mail service provider for damages in an amount equal to $50 for each of the provider's subscribers to whom such message was transmitted.''; and (5) in subsection (f)(1) (as redesignated by paragraph (3))-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(E) the making of unsolicited commercial electronic mail messages.''. TITLE II--PREVENTION OF SLAMMING AND CRAMMING SEC. 201. LIABILITY TO SUBSCRIBERS; AUTHORITY OF STATES. (a) Amendment.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended by striking subsection (b) and inserting the following: ``(b) Liability for Charges After Slamming.-- ``(1) Liability.--Any telecommunications carrier that violates the verification procedures described in subsection (a) and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable, in accordance with such procedures as the Commission may prescribe-- ``(A) to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation; and ``(B) to the subscriber in an amount equal to twice the amount of all charges paid by such subscriber after such violation. ``(2) Effect on other laws.--The remedies provided by subsection (b) are in addition to any other remedies available by law. ``(c) Prohibition of and Liability for Cramming.-- ``(1) Prohibition.--No telecommunications carrier (including billing aggregators and service providers) shall submit for billing on bills for telecommunications services unauthorized services or products. ``(2) Liability to subscriber.--Any telecommunication carrier (including billing aggregators and service providers) that violates paragraph (1) and collects charges for unauthorized services or products from a subscriber shall be liable to such subscriber in an amount equal to twice the total amount of charges paid by such subscriber after such violation. The remedies provided by this subsection are in addition to any other remedies available by law. ``(c) Actions by States.-- ``(1) Authority of states.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of (A) effecting changes in a subscribers' selections of a provider of telephone exchange service or telephone toll service in violation of this section or the regulations prescribed under this section, or (B) submitting for billing on bills for telecommunications services, and collecting for, unauthorized services or products, shall the State may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. ``(2) Exclusive jurisdiction of federal courts.--The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. ``(3) Rights of commission.--The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. ``(4) Venue; service of process.--Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. ``(5) Investigatory powers.--For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(6) Effect on state court proceedings.--Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(7) Limitation.--Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. ``(8) Definition.--As used in this subsection, the term `attorney general' means the chief legal officer of a State.''. SEC. 202. NTIA STUDY OF THIRD PARTY VERIFICATION AND AUTHENTICATION. (a) Study Required.--The National Telecommunications and Information Administration of the Department of Commerce shall conduct a study of the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections. The study shall include-- (1) an analysis of the cost of establishing a national, independent database or clearinghouse to authorize and verify changes in carrier selections; (2) the additional cost to carriers, per change in carrier selection, to fund the ongoing operation of such an independent database or clearinghouse; (3) the cost and feasibility of implementing such databases or clearinghouses at the State level; and (4) the advantages and disadvantages of utilizing independent databases or clearinghouses for authorizing and authenticating carrier selection changes. (b) Report Required.--Within 180 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall submit to the Committee on Commerce of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate the results of the study required by subsection (a).

TABLE OF CONTENTS: Title I: Prevention of Spamming Title II: Prevention of Slamming and Cramming Digital Jamming Act of 1998 - Title I: Prevention of Spamming - Amends the Communications Act of 1934 to require each electronic mail (e-mail) service provider, under regulations prescribed by the Federal Communications Commission (FCC), to inform its subscribers of the opportunity to provide notification of the subscriber's objection to receiving unsolicited commercial e-mail messages . Requires such regulations to specify the methods by which each e-mail service subscriber shall be informed by the service provider of: (1) the subscriber's right to give or revoke an objection to receiving spam messages. And (2) the manner in which such right may be exercised. Makes it unlawful for any person to initiate spam messages: (1) unless such a message contains specified information identifying the sender, a means to indicate a desire not to receive such messages, and related information. (2) to any recipients who have previously indicated a desire not to receive such messages. Or (3) unless such a message contains Internet routing information that is accurate, valid, and correctly reflects the actual message routing. Prohibits a subscriber from using the provider's e-mail service in violation of that service's published policy prohibiting or restricting the use its service or equipment for the initiation of a spam message. Provides subscriber liability for violations. Title II: Prevention of Slamming and Cramming - Provides that a telecommunications carrier that violates the verification procedures required before recognition of a switch in a subscriber's telephone or toll service provider shall be liable to such subscriber for twice the amount of all charges paid by the subscriber after such violation. Prohibits such a carrier from submitting for billing on telecommunications services bills unauthorized services or products (cramming). Provides carrier liability for violations. Authorizes the attorney general of a State to bring a civil action on behalf of its residents for such violations. Requires a State so acting to previously notify the FCC and provide a copy of its complaint. Directs the National Telecommunications and Information Administration of the Department of Commerce to conduct a study of, and report to specified congressional committees concerning, the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections.

Digital Jamming Act of 1998

15,009

2,570

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Digital Jamming Act of 1998". TITLE I PREVENTION OF SPAMMING Section 101. EXTENSION OF JUNK FAX REMEDIES TO COMMERCIAL EMAIL Section 227 of the Communications Act of 1934 is amended in subsection (a), by adding at the end the following new paragraphs: The term `unsolicited electronic mail message' means any electronic mail message that is addressed and sent to a recipient with whom the initiator does not have an existing relationship and has been sent by the initiator without the express consent of the recipient. The term `unsolicited commercial electronic mail message' means any unsolicited electronic mail message that is sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services. The term `electronic mail service provider' means any entity that provides subscribers the ability to send or receive electronic mail. The term `published policy' means, with respect to an electronic mail service provider's policy on unsolicited electronic mail messages, that such policy is available upon request in written form at no charge or is displayed conspicuously through an online notice on the Internet home page of the electronic mail service provider.". In subsection (c)(3) by striking "If the Commission determines to require such a database," and inserting "If the Commission determines to require such a database pursuant to paragraph (2), or at any time subsequent to the proceeding required by paragraph (1) determines that a database is required to protect subscribers from telephone solicitations or unsolicited electronic mail messages,", by striking "and" at the end of subparagraph. By striking the period at the end of subparagraph (L) and inserting a semicolon. And by adding at the end the following new subparagraphs: require each electronic mail service provider, in accordance with regulations prescribed by the Commission, to inform subscribers for electronic mail service of the opportunity to provide notification, in accordance with such regulations, that such subscribers objects to receiving unsolicited commercial electronic mail messages. And specify the methods by which each electronic mail service subscriber shall be informed, by the electronic mail service provider that provides such service to such subscriber, of (i) the subscriber's right to give or revoke a notification of objection under subparagraph (M), and (ii) the methods by which such right may be exercised by the subscriber.". By redesignating subsections (e) and (f) as subsections and (g), respectively. By inserting after subsection (d) the following new subsection: Restrictions on the Use of Unsolicited Commercial Electronic Mail Messages. Information about sender. Right to reply. It shall be unlawful for any person within the United States to initiate an unsolicited commercial electronic mail message unless such message contains the name, street address, electronic mail address, and telephone number of the person who initiates transmission of the message. The name, street address, electronic mail address, and telephone number of the person who created the content of the message. A reply electronic mail address, conspicuously displayed, where recipients may send a reply to indicate a desire not to receive any further messages. Or information on how recipients may exercise the rights established pursuant to subsection (c)(3). To initiate an unsolicited commercial electronic mail message to any recipient who has previously indicated a desire not to receive such messages by sending a reply described in subparagraph (iii)). Or to initiate an unsolicited commercial electronic mail message unless such message contains Internet routing information that is accurate, is valid according to prevailing standards for Internet protocols, and correctly reflects the actual message routing. Enforcement of voluntary cyberrules regarding spamming. Prohibition. No subscriber of an electronic mail service provider shall use, or cause to be used, the electronic mail service or equipment in violation of that electronic mail service's published policy prohibiting or restricting the use of its service or equipment for the initiation of an unsolicited commercial electronic mail message. Enforcement by providers. Any subscriber who violates subparagraph (A) for the initiation of an unsolicited commercial electronic mail message shall be liable to the electronic mail service provider for damages in an amount equal to $50 for each of the provider's subscribers to whom such message was transmitted.". And in subsection (f)(1) (as redesignated by paragraph ) by striking "or" at the end of subparagraph. By striking the period at the end of subparagraph (D) and inserting ", or". And by adding at the end the following new subparagraph: the making of unsolicited commercial electronic mail messages.". TITLE II PREVENTION OF SLAMMING AND CRAMMING Section 201. LIABILITY TO SUBSCRIBERS. AUTHORITY OF STATES. Amendment. Section 258 of the Communications Act of 1934 is amended by striking subsection (b) and inserting the following: Liability for Charges After Slamming. Liability. Any telecommunications carrier that violates the verification procedures described in subsection and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable, in accordance with such procedures as the Commission may prescribe to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation. And to the subscriber in an amount equal to twice the amount of all charges paid by such subscriber after such violation. Effect on other laws. The remedies provided by subsection (b) are in addition to any other remedies available by law. Prohibition of and Liability for Cramming. Prohibition. No telecommunications carrier shall submit for billing on bills for telecommunications services unauthorized services or products. Liability to subscriber. Any telecommunication carrier that violates paragraph (1) and collects charges for unauthorized services or products from a subscriber shall be liable to such subscriber in an amount equal to twice the total amount of charges paid by such subscriber after such violation. The remedies provided by this subsection are in addition to any other remedies available by law. Actions by States. Authority of states. Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of (A) effecting changes in a subscribers' selections of a provider of telephone exchange service or telephone toll service in violation of this section or the regulations prescribed under this section, or (B) submitting for billing on bills for telecommunications services, and collecting for, unauthorized services or products, shall the State may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. Exclusive jurisdiction of federal courts. The district courts of the United States, the United States courts of any territory, and the District Court of the United States for the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. Rights of commission. The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. Venue. Service of process. Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found. Investigatory powers. For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. Effect on state court proceedings. Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. Limitation. Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant named in the Commission's complaint for any violation as alleged in the Commission's complaint. Definition. As used in this subsection, the term `attorney general' means the chief legal officer of a State.". Section 202. NTIA STUDY OF THIRD PARTY VERIFICATION AND AUTHENTICATION. Study Required. The National Telecommunications and Information Administration of the Department of Commerce shall conduct a study of the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections. The study shall include an analysis of the cost of establishing a national, independent database or clearinghouse to authorize and verify changes in carrier selections. The additional cost to carriers, per change in carrier selection, to fund the ongoing operation of such an independent database or clearinghouse. The cost and feasibility of implementing such databases or clearinghouses at the State level. And the advantages and disadvantages of utilizing independent databases or clearinghouses for authorizing and authenticating carrier selection changes. Report Required. Within 180 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall submit to the Committee on Commerce of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate the results of the study required by subsection (a).

TABLE OF CONTENTS: Title I: Prevention of Spamming Title II: Prevention of Slamming and Cramming Digital Jamming Act of 1998 - Title I: Prevention of Spamming - Amends the Communications Act of 1934 to require each electronic mail (e-mail) service provider, under regulations prescribed by the Federal Communications Commission (FCC), to inform its subscribers of the opportunity to provide notification of the subscriber's objection to receiving unsolicited commercial e-mail messages . Requires such regulations to specify the methods by which each e-mail service subscriber shall be informed by the service provider of: (1) the subscriber's right to give or revoke an objection to receiving spam messages. And (2) the manner in which such right may be exercised. Makes it unlawful for any person to initiate spam messages: (1) unless such a message contains specified information identifying the sender, a means to indicate a desire not to receive such messages, and related information. (2) to any recipients who have previously indicated a desire not to receive such messages. Or (3) unless such a message contains Internet routing information that is accurate, valid, and correctly reflects the actual message routing. Prohibits a subscriber from using the provider's e-mail service in violation of that service's published policy prohibiting or restricting the use its service or equipment for the initiation of a spam message. Provides subscriber liability for violations. Title II: Prevention of Slamming and Cramming - Provides that a telecommunications carrier that violates the verification procedures required before recognition of a switch in a subscriber's telephone or toll service provider shall be liable to such subscriber for twice the amount of all charges paid by the subscriber after such violation. Prohibits such a carrier from submitting for billing on telecommunications services bills unauthorized services or products (cramming). Provides carrier liability for violations. Authorizes the attorney general of a State to bring a civil action on behalf of its residents for such violations. Requires a State so acting to previously notify the FCC and provide a copy of its complaint. Directs the National Telecommunications and Information Administration of the Department of Commerce to conduct a study of, and report to specified congressional committees concerning, the feasibility and desirability of establishing third party verification and authentication systems for preventing illegal changes in telephone subscriber carrier selections.

Digital Jamming Act of 1998

104_hr710

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Service Center Act''. SEC. 2. DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF SERVICES TO NEEDY FAMILIES WITH CHILDREN. (a) In General.--In order to coordinate the administration of programs that provide services to needy families with children, the Secretary of Health and Human Services (in this section referred to as ``the Secretary'') may authorize States to conduct demonstration projects in accordance with this section. (b) Description of Project.--Each State desiring to conduct a demonstration project under this section may submit to the Secretary an application that contains a description of the measures to be employed to coordinate the administration of-- (1) programs for needy families with children that are administered by the Secretary; and (2) programs administered by the State, which offer services for children, youth, or needy families with children, that the State considers appropriate to include in the demonstration project. (c) Projects Aimed at a Diversity of Clients.--The Secretary shall ensure that, as a group, the demonstration projects authorized to be conducted under this section serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. (d) Project Requirements.--Each State authorized to conduct a demonstration project under this section shall-- (1) ensure that the project provides-- (A) each client with a single place and organization providing access to, and information and counseling about, services for needy families with children; (B) access points in clients' neighborhoods for communication with service providers regarding their applications and benefits through electronic data processing and communications technology; and (C) approaches to integrating the administration of services that are linguistically and culturally appropriate to the clientele of the project; and (2) conduct the project in accordance with such other requirements as the Secretary may prescribe. (e) Grants; Duration of Projects.-- (1) In general.--The Secretary shall make grants to each State whose application to conduct a demonstration project under this subsection is approved by the Secretary, to assist the State in carrying out the project for a period of not more than 3 years. (2) Renewal.--The Secretary may extend for not more than 3 additional years the authority to conduct any demonstration project under this section, upon approval by the Secretary based on the effectiveness of the project in achieving the objectives of this section. (3) Timing of grant payments.--The Secretary may pay grants under this section in advance or in installments, as the Secretary determines appropriate. (f) State Evaluation of Project.-- (1) In general.--Each State that conducts a demonstration project under this section shall, as a part of the project-- (A) conduct an evaluation of the effectiveness and outcomes of the project in improving the coordination and delivery, and in reducing the administrative costs, of services to needy families with children; and (B) cooperate with the Secretary in the conduct of national evaluations of the effectiveness and cost savings of all such demonstration projects. (2) Report.-- (A) In general.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary a report on the results of the evaluation described in paragraph (1). (B) Timing.--The report required by subparagraph (A) with respect to a demonstration project shall be submitted within 6 months after the earlier of-- (i) the completion of the project; or (ii) the end of the 3-year period that begins with the commencement of the project. (g) State Report on Impediments to Delivery of Services, and on Measures Taken To Eliminate or Reduce Such Impediments.--Each State authorized to conduct a demonstration project under this section shall submit to the Secretary at such time as the Secretary may prescribe a report that describes-- (1) the administrative policies and laws of the Federal Government and of the State or of a political subdivision of the State, that the State has identified as impediments to the coordination of the delivery of services to needy families with children; and (2) the measures that the State has taken or intends to take to eliminate or reduce the impediments described in paragraph (1) that are attributable to administrative policies and laws of the State or of a political subdivision of the State. (h) Federal Evaluations.-- (1) In general.--The Secretary shall conduct evaluations of the implementation and outcomes of the demonstration projects authorized under this section. (2) Reports.--Not later than 3 years after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report the results of the evaluations conducted under paragraph (1) that includes the recommendations of the Secretary as to any statutory changes that would improve integration of services provided through programs included in the demonstration projects conducted under this section. (3) Funding.--The Secretary may reserve up to 5 percent of the amounts appropriated for grants under this section for the purpose of conducting and reporting on evaluations of the demonstration projects authorized under this section. (i) No Waiver Authority.--This section shall not be construed to authorize the Secretary or appropriate agency head to waive or modify any requirement of any program described in subsection (b). (j) State Defined.--As used in this section, the term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

Family Service Center Act - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) programs for needy families with children that are administered by the Secretary. And (2) State programs offering services for children, youth, or needy families with children. Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements. Requires the Secretary to make three-year grants to States to carry out such a project. Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children. And (2) measures the State has taken or intends to take to eliminate or reduce such impediments.

Family Service Center Act

7,017

1,086

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Family Service Center Act". <SECTION-HEADER> DEMONSTRATION PROJECTS TO COORDINATE THE ADMINISTRATION OF SERVICES TO NEEDY FAMILIES WITH CHILDREN. In General. In order to coordinate the administration of programs that provide services to needy families with children, the Secretary of Health and Human Services may authorize States to conduct demonstration projects in accordance with this section. Description of Project. Each State desiring to conduct a demonstration project under this section may submit to the Secretary an application that contains a description of the measures to be employed to coordinate the administration of programs for needy families with children that are administered by the Secretary. And programs administered by the State, which offer services for children, youth, or needy families with children, that the State considers appropriate to include in the demonstration project. Projects Aimed at a Diversity of Clients. The Secretary shall ensure that, as a group, the demonstration projects authorized to be conducted under this section serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Project Requirements. Each State authorized to conduct a demonstration project under this section shall ensure that the project provides each client with a single place and organization providing access to, and information and counseling about, services for needy families with children. Access points in clients' neighborhoods for communication with service providers regarding their applications and benefits through electronic data processing and communications technology. And approaches to integrating the administration of services that are linguistically and culturally appropriate to the clientele of the project. And conduct the project in accordance with such other requirements as the Secretary may prescribe. Grants. Duration of Projects. In general. The Secretary shall make grants to each State whose application to conduct a demonstration project under this subsection is approved by the Secretary, to assist the State in carrying out the project for a period of not more than 3 years. Renewal. The Secretary may extend for not more than 3 additional years the authority to conduct any demonstration project under this section, upon approval by the Secretary based on the effectiveness of the project in achieving the objectives of this section. Timing of grant payments. The Secretary may pay grants under this section in advance or in installments, as the Secretary determines appropriate. State Evaluation of Project. In general. Each State that conducts a demonstration project under this section shall, as a part of the project conduct an evaluation of the effectiveness and outcomes of the project in improving the coordination and delivery, and in reducing the administrative costs, of services to needy families with children. And cooperate with the Secretary in the conduct of national evaluations of the effectiveness and cost savings of all such demonstration projects. Report. In general. Each State authorized to conduct a demonstration project under this section shall submit to the Secretary a report on the results of the evaluation described in paragraph (1). Timing. The report required by subparagraph with respect to a demonstration project shall be submitted within 6 months after the earlier of the completion of the project. Or the end of the 3-year period that begins with the commencement of the project. State Report on Impediments to Delivery of Services, and on Measures Taken To Eliminate or Reduce Such Impediments. Each State authorized to conduct a demonstration project under this section shall submit to the Secretary at such time as the Secretary may prescribe a report that describes the administrative policies and laws of the Federal Government and of the State or of a political subdivision of the State, that the State has identified as impediments to the coordination of the delivery of services to needy families with children. And the measures that the State has taken or intends to take to eliminate or reduce the impediments described in paragraph (1) that are attributable to administrative policies and laws of the State or of a political subdivision of the State. Federal Evaluations. In general. The Secretary shall conduct evaluations of the implementation and outcomes of the demonstration projects authorized under this section. Reports. Not later than 3 years after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report the results of the evaluations conducted under paragraph (1) that includes the recommendations of the Secretary as to any statutory changes that would improve integration of services provided through programs included in the demonstration projects conducted under this section. Funding. The Secretary may reserve up to 5 percent of the amounts appropriated for grants under this section for the purpose of conducting and reporting on evaluations of the demonstration projects authorized under this section. No Waiver Authority. This section shall not be construed to authorize the Secretary or appropriate agency head to waive or modify any requirement of any program described in subsection (b). State Defined. As used in this section, the term "State" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

Family Service Center Act - Authorizes the Secretary of Health and Human Services to authorize States to conduct demonstration projects to coordinate the administration of services to needy families with children, including: (1) programs for needy families with children that are administered by the Secretary. And (2) State programs offering services for children, youth, or needy families with children. Requires the Secretary to ensure that, as a group, such demonstration projects serve urban, rural, and linguistically and culturally diverse clients and include the broadest possible range of services. Specifies other program requirements. Requires the Secretary to make three-year grants to States to carry out such a project. Requires each State conducting a demonstration project to report to the Secretary on: (1) Federal, State, and local administrative policies and laws identified as impediments to the coordination of the delivery of services to needy families with children. And (2) measures the State has taken or intends to take to eliminate or reduce such impediments.

Family Service Center Act

109_hr4668

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limitation on Assistance to the Palestinian Authority Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) In fiscal year 2005, the United States provided $275 million to the West Bank and Gaza, of which $50 million was provided directly to the Palestinian Authority. (2) On January 25, 2006, the militant group Hamas, an organization designated by the Department of State as a foreign terrorist organization, won parliamentary elections and control of the Palestinian government. (3) The inclusion of Hamas or any other foreign terrorist organization in a Palestinian government is an implicit endorsement of anti-American and anti-Israeli terrorist ideology. (4) On December 16, 2005, the House of Representatives overwhelmingly passed House Resolution 575, which asserts that ``terrorist organizations, such as Hamas, should not be permitted to participate in Palestinian elections until such organizations recognize Israel's right to exist as a Jewish state, cease incitement, condemn terrorism, and permanently disarm and dismantle their terrorist infrastructure''. (5) House Resolution 575 further asserts that ``the inclusion of Hamas, or any other terrorist group on the Department of State's list of foreign terrorist organizations, in the Palestinian Authority's government will inevitably raise serious questions for the United States about the commitment of the Palestinian Authority and its leadership to making peace with Israel and will potentially undermine the ability of the United States to have a constructive relationship with, or provide further assistance to, the Palestinian Authority''. (6) Hamas is a terrorist organization that has killed more than 500 people since 1989, including more than two dozen United States citizens. (7) The United States has clearly stated that armed militias attached to political parties are incompatible with democratic societies. SEC. 3. DECLARATION OF POLICY. It shall be the policy of the United States to promote the emergence of a democratic Palestinian government that-- (1) denounces and combats terrorism; (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities; (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society; (4) respects the boundaries and sovereignty of its neighbors; (5) recognizes the existence of Israel and its right to secure borders; and (6) acknowledges, respects, and upholds the human rights of all people. SEC. 4. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. ``(a) Limitation.--Assistance may be provided under this Act or any other provision of law to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. ``(b) Certification.--A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of the President that-- ``(1) the Palestinian Authority is not controlled by a foreign terrorist organization; and ``(2) the Palestinian Authority-- ``(A) recognizes the right of Israel to exist; ``(B) disarms all militias; ``(C) renounces violence and acts of terrorism against Israel; and ``(D) takes definitive steps to be an active and willing participant in peace negotiations and removes people with ties to terrorist organizations from its security services. ``(c) Recertifications.--Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every 6 months thereafter-- ``(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (b) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(d) Congressional Notification.--Assistance made available under this Act or any other provision of law to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(e) Definitions.--In this section: ``(1) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). ``(2) Palestinian authority.--The term `Palestinian Authority' includes any agency or instrumentality of the Palestinian Authority.''.

Limitation on Assistance to the Palestinian Authority Act of 2006 - States that it shall be US policy to promote the emergence of a democratic Palestinian government that: (1) denounces and combats terrorism. (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities. (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society, (4) respects its neighbors' boundaries and sovereignty, (5) recognizes Israel's existence and its right to secure borders. And (6) upholds the human rights of all people. Amends the Foreign Assistance Act of 1961 to provide assistance under such Act or any other provision of law to the Palestinian Authority (PA) only during a period for which a presidential certification has determined that the PA: (1) is not controlled by a foreign terrorist organization. And (2) recognizes Israel's right to exist, disarms all militias, renounces violence against Israel, takes definitive steps to be an active and willing participant in peace negotiations, and removes people with ties to terrorist organizations from its security services. Directs the President to make and transmit such certifications to Congress every six months.

To limit assistance to the Palestinian Authority unless the President certifies to Congress that the Palestinian Authority is not controlled by a foreign terrorist organization, and for other purposes.

6,138

1,245

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Limitation on Assistance to the Palestinian Authority Act of 2006". <SECTION-HEADER> FINDINGS. Congress finds the following: In fiscal year 2005, the United States provided $275 million to the West Bank and Gaza, of which $50 million was provided directly to the Palestinian Authority. On January 25, 2006, the militant group Hamas, an organization designated by the Department of State as a foreign terrorist organization, won parliamentary elections and control of the Palestinian government. The inclusion of Hamas or any other foreign terrorist organization in a Palestinian government is an implicit endorsement of anti-American and anti-Israeli terrorist ideology. On December 16, 2005, the House of Representatives overwhelmingly passed House Resolution 575, which asserts that "terrorist organizations, such as Hamas, should not be permitted to participate in Palestinian elections until such organizations recognize Israel's right to exist as a Jewish state, cease incitement, condemn terrorism, and permanently disarm and dismantle their terrorist infrastructure". House Resolution 575 further asserts that "the inclusion of Hamas, or any other terrorist group on the Department of State's list of foreign terrorist organizations, in the Palestinian Authority's government will inevitably raise serious questions for the United States about the commitment of the Palestinian Authority and its leadership to making peace with Israel and will potentially undermine the ability of the United States to have a constructive relationship with, or provide further assistance to, the Palestinian Authority". Hamas is a terrorist organization that has killed more than 500 people since 1989, including more than two dozen United States citizens. The United States has clearly stated that armed militias attached to political parties are incompatible with democratic societies. <SECTION-HEADER> DECLARATION OF POLICY. It shall be the policy of the United States to promote the emergence of a democratic Palestinian government that denounces and combats terrorism. Is actively working to disarm and dismantle terrorist agencies, networks, and facilities. Is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society, respects the boundaries and sovereignty of its neighbors. Recognizes the existence of Israel and its right to secure borders. And acknowledges, respects, and upholds the human rights of all people. <SECTION-HEADER> LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by redesignating the second section 620G (as added by section 149 of Public Law 104-164 as section 620J. And by adding at the end the following new section: "Section 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. Limitation. Assistance may be provided under this Act or any other provision of law to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect. Certification. A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of the President that the Palestinian Authority is not controlled by a foreign terrorist organization. And the Palestinian Authority recognizes the right of Israel to exist, disarms all militias, renounces violence and acts of terrorism against Israel. And takes definitive steps to be an active and willing participant in peace negotiations and removes people with ties to terrorist organizations from its security services. Recertifications. Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every 6 months thereafter the President shall transmit to Congress a recertification that the requirements contained in subsection are continuing to be met. Or if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. Congressional Notification. Assistance made available under this Act or any other provision of law to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. Definitions. In this section: Foreign terrorist organization. The term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 USC. 1189(a)). Palestinian authority. The term `Palestinian Authority' includes any agency or instrumentality of the Palestinian Authority.".

Limitation on Assistance to the Palestinian Authority Act of 2006 - States that it shall be US policy to promote the emergence of a democratic Palestinian government that: (1) denounces and combats terrorism. (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities. (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society, (4) respects its neighbors' boundaries and sovereignty, (5) recognizes Israel's existence and its right to secure borders. And (6) upholds the human rights of all people. Amends the Foreign Assistance Act of 1961 to provide assistance under such Act or any other provision of law to the Palestinian Authority (PA) only during a period for which a presidential certification has determined that the PA: (1) is not controlled by a foreign terrorist organization. And (2) recognizes Israel's right to exist, disarms all militias, renounces violence against Israel, takes definitive steps to be an active and willing participant in peace negotiations, and removes people with ties to terrorist organizations from its security services. Directs the President to make and transmit such certifications to Congress every six months.

To limit assistance to the Palestinian Authority unless the President certifies to Congress that the Palestinian Authority is not controlled by a foreign terrorist organization, and for other purposes.

106_s1002

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1999''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(3) Determination of federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--In the areas referred to in clause (i), the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for psychiatric facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for psychiatric facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(F) Determination of Federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as described in subsection (l)(7(C)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.

Provides that the amendments made by this Act shall apply as if included in the enactment of BBA '97.

Medicare Psychiatric Hospital Prospective Payment System Act of 1999

16,152

101

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Psychiatric Hospital Prospective Payment System Act of 1999". <SECTION-HEADER> MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. Establishment of Prospective Payment System. Section 1886 of the Social Security Act is amended by adding at the end the following: Prospective Payment System for Inpatient Psychiatric Services. Amount of payment. During transition period. Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)). And the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). Under fully implemented system. Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. New facilities. In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. Determination of facility-specific per diem rates. Base year. The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. Updating. The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). Determination of federal per diem rate. Base year. The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. Updating to first fiscal year. The Secretary shall update the amount determined under subparagraph for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). Computation of standardized per diem rate. The Secretary shall standardize the amount determined under subparagraph (B) for each facility by adjusting for variations among facilities by area in the average facility wage level per diem. And adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). Computation of weighted average per diem rates. Separate rates for urban and rural areas. Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)). And for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). For hospitals and units. In the areas referred to in clause (i), the Secretary may compute a separate weighted average per diem rate for psychiatric hospitals. And psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for psychiatric facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for psychiatric facilities other than such facilities. Weighted average. In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. Updating. The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). Determination of Federal per diem rate. In general. The Secretary shall compute for each psychiatric facility for each fiscal year a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for variations among facilities by area in the average facility wage level per diem. Variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). And variations among facilities in the proportion of low-income patients served by the facility. Other adjustments. In computing Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. Budget neutrality. The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. Establishment of patient classification system. In general. The Secretary shall establish classes of patients of psychiatric facilities , based on such factors as the Secretary determines to be appropriate. And a method of classifying specific patients in psychiatric facilities within these groups. Weighting factors. For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. Data collection. Utilization monitoring. Data collection. The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. Utilization monitoring. The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation that is needed to address unwarranted changes in such utilization. Special adjustments. Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8). And the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. Definitions. For purposes of this subsection: The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of enactment of this subsection for which audited cost report data are available. The term `PPS percentage' means with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent. With respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent. And with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. The term `psychiatric facility' means a psychiatric hospital. And a psychiatric unit described in the matter following clause (v) of subsection (1)(B). The term `TEFRA percentage' means with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent. With respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent. And with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.". Limit on Reductions Under Balanced Budget Act. Section 1886(b) of the Social Security Act (42 USC. 1395ww(b)) is amended by adding at the end the following: Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as described in subsection (7(C)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. Effective Date. The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.

Provides that the amendments made by this Act shall apply as if included in the enactment of BBA '97.

Medicare Psychiatric Hospital Prospective Payment System Act of 1999

112_s2004

SECTION 1. FINDINGS. Congress makes the following findings: (1) Within hours after the attacks on Pearl Harbor, Hawaii, the Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to United States and Filipino troops assigned to the United States Army Forces in the Far East under the command of General Douglas MacArthur. (2) On December 8th, 1941, the 200th Coast Artillery Regiment, successors to the New Mexico National Guardsmen who made up part of the famed ``Rough Riders'' of the Spanish- American War, were the ``first to fire''. (3) Despite being cut off from supply lines and reinforcements, the United States and Philippine Forces quickly executed a plan to delay the Japanese invasion and defend the Philippines against the Japanese invasion. (4) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. (5) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to redefine the momentum of the war, delaying the Japanese timetable to take control of the southeast Pacific for needed war materials. Because of the Bataan defenders' heroic actions, United States and Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. (6) On April 9, 1942, Major General Edward King, his troops suffering from starvation and a lack of supplies, surrendered the soldiers from the United States and the Philippines into enemy hands. (7) Over the next week, troops from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. (8) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (9) Conditions at the prisoner of war camps were appalling, leading to increased disease and malnutrition among the prisoners. (10) The prisoners at Camp O'Donnell would die at a rate of nearly 400 per day because of its poor conditions. (11) On June 6, 1942, the prisoners from the United States were transferred to Camp Cabanatuan, north of Camp O'Donnell. (12) Nearly 26,000 of the 50,000 Filipino Prisoners of War died at Camp O'Donnell, and survivors were gradually paroled from September through December 1942. (13) Between September of 1942 and December of 1944, American prisoners of war who survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. Many of the ships were mistakenly targeted by allied Naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone, claimed nearly 1,800 American lives. (14) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (15) The veterans of Bataan represented the best of America and the Philippines. They hailed from diverse locales across both countries and represented a true diversity of Americans. (16) Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (17) The United States Navy has continued to honor their history and stories by naming 2 ships after the battle including 1 ship still in service, USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. (18) Many of the survivors of Bataan have now passed away, and those who remain continue to tell their story. (19) The people of the United States and the Philippines are forever indebted to these men for-- (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the troops from the United States and the Philippines who defended Bataan and were subsequently prisoners of war, collectively, in recognition of their personal sacrifice and service to their country during World War II. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the defenders and prisoners of war at Bataan under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the prisoners of war at Bataan. SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the award of a single Congressional Gold Medal to collectively honor the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war, in recognition of their personal sacrifice and service to their country during World War II. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the prisoners of war at Bataan.

A bill to grant the Congressional Gold Medal to the troops who defended Bataan during World War II.

7,687

534

<SECTION-HEADER> FINDINGS. Congress makes the following findings: Within hours after the attacks on Pearl Harbor, Hawaii, the Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to United States and Filipino troops assigned to the United States Army Forces in the Far East under the command of General Douglas MacArthur. On December 8th, 1941, the 200th Coast Artillery Regiment, successors to the New Mexico National Guardsmen who made up part of the famed "Rough Riders" of the Spanish- American War, were the "first to fire". Despite being cut off from supply lines and reinforcements, the United States and Philippine Forces quickly executed a plan to delay the Japanese invasion and defend the Philippines against the Japanese invasion. By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to redefine the momentum of the war, delaying the Japanese timetable to take control of the southeast Pacific for needed war materials. Because of the Bataan defenders' heroic actions, United States and Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. On April 9, 1942, Major General Edward King, his troops suffering from starvation and a lack of supplies, surrendered the soldiers from the United States and the Philippines into enemy hands. Over the next week, troops from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the "Bataan Death March". During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. Conditions at the prisoner of war camps were appalling, leading to increased disease and malnutrition among the prisoners. The prisoners at Camp O'Donnell would die at a rate of nearly 400 per day because of its poor conditions. On June 6, 1942, the prisoners from the United States were transferred to Camp Cabanatuan, north of Camp O'Donnell. Nearly 26,000 of the 50,000 Filipino Prisoners of War died at Camp O'Donnell, and survivors were gradually paroled from September through December 1942. Between September of 1942 and December of 1944, American prisoners of war who survived the horrific death march were shipped north for forced labor aboard "hell ships" and succumbed in great numbers because of the abysmal conditions. Many of the ships were mistakenly targeted by allied Naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone, claimed nearly 1,800 American lives. The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. The veterans of Bataan represented the best of America and the Philippines. They hailed from diverse locales across both countries and represented a true diversity of Americans. Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. The United States Navy has continued to honor their history and stories by naming 2 ships after the battle including 1 ship still in service, USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. Many of the survivors of Bataan have now passed away, and those who remain continue to tell their story. The people of the United States and the Philippines are forever indebted to these men for the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers. And the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. <SECTION-HEADER> CONGRESSIONAL GOLD MEDAL. Award Authorized. The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the troops from the United States and the Philippines who defended Bataan and were subsequently prisoners of war, collectively, in recognition of their personal sacrifice and service to their country during World War II. Design and Striking. For purposes of the award under subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. Smithsonian Institution. In general. Following the award of the gold medal in honor of the defenders and prisoners of war at Bataan under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. Sense of the congress. It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the prisoners of war at Bataan. <SECTION-HEADER> DUPLICATE MEDALS. Striking of Duplicates. Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. Selling of Duplicates. The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. <SECTION-HEADER> NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. PROCEEDS OF SALE. Authorization of Appropriations. There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. Proceeds of Sale. Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the award of a single Congressional Gold Medal to collectively honor the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war, in recognition of their personal sacrifice and service to their country during World War II. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the prisoners of war at Bataan.

A bill to grant the Congressional Gold Medal to the troops who defended Bataan during World War II.

110_hr6960

SECTION 1. FINDINGS. Congress finds that-- (1) more than 4,000,000 men and women from the United States served in uniform in the defense of liberty during World War I, among them two future presidents, Harry S. Truman and Dwight D. Eisenhower; (2) 2,000,000 individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas; (3) the United States suffered 375,000 casualties during World War I; (4) the events of 1914 through 1918 shaped the world, our country, and the lives of millions of people in countless ways; (5) the centennial of World War I offers an opportunity for people in the United States to learn about the sacrifices of their predecessors; (6) commemorative efforts allow people in the United States to gain a historical understanding of the type of conflicts that cause countries to go to war and how those conflicts are resolved; (7) Kansas City is home to America's National World War I Museum, as so recognized in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108- 375); (8) America's National World War I Museum seeks-- (A) to preserve the history of World War I; and (B) to educate and enlighten people about this significant event, the consequences of which are still with us; (9) Kansas City is home to the national headquarters for the Veterans of Foreign Wars; (10) Missouri is the home State of General John Joseph Pershing, who commanded the American Expeditionary Forces in Europe during World War I; (11) the Kansas City area is the home of the Harry S. Truman Presidential Library and Museum; and (12) the Dwight David Eisenhower Presidential Library and Museum is located close to Kansas City in the neighboring State of Kansas. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission, in Kansas City, Missouri, on the centennial of World War I to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum. SEC. 3. COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR I. (a) In General.--There is established a commission to be known as the World War I Centennial Commission (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall have the following duties: (1) To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. (3) To facilitate and coordinate activities throughout the United States related to the centennial of World War I. (4) To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 24 members as follows: (A) Four members appointed by the Speaker of the House of Representatives. (B) Three members appointed by the minority leader of the House of Representatives. (C) Four members appointed by the Senate majority leader. (D) Three members appointed by the Senate minority leader. (E) Seven members who are broadly representative of the people of the United States (including members of the armed services and veterans), appointed by the President. (F) The executive director of the Veterans of Foreign Wars of the United States (or the director's delegate). (G) The executive director of the American Legion (or the director's delegate). (H) The president of the Liberty Memorial Association, the nonprofit entity responsible for the management of America's National World War I Museum (or the president's delegate). (2) Continuation of membership.--If a member of the Commission under paragraph (1)(F) through (H) ceases to hold a position named in such paragraph, that member must resign from the Commission as of the date that the member ceases to hold that position. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Pay.--Members shall serve without pay. (6) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Quorum.--Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (8) Chairperson; vice chairperson.--The Commission shall elect the Chairperson and Vice Chairperson of the Commission. (9) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson, except that the first meeting shall be held before the end of the 30-day period beginning on the effective date of this Act. (B) Location.--The Commission shall hold the first meeting at America's National World War I Museum in Kansas City, Missouri, and thereafter shall hold at least one meeting per year at such location. (d) Director and Additional Personnel of the Commission; Experts and Consultants.-- (1) Director and staff.-- (A) Appointment.--The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (B) Pay.-- (i) Executive director.--The executive director shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule established under section 5315 of title 5, United State Code. (ii) Additional personnel.--The executive director may fix the pay of any additional personnel appointed under subparagraph (A) as the executive director considers appropriate. (C) Work location.--If the city government for Kansas City, Missouri, and the nonprofit organization which administers America's National World War I Museum make space available, the executive director and any additional personnel appointed under subparagraph (A) shall work in the building that houses that museum. (2) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers of the Commission.-- (1) Hearings and sessions.--For the purpose of carrying out this Act, the Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission shall secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Gifts, bequests, and devises.-- (A) Acceptance by commission.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (B) Deposit and availability.--Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (7) Contract authority.--The Commission is authorized to procure supplies, services, and property and to make or enter in contracts, leases, or other legal agreements; except that any contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of termination of the Commission. (f) Reports.-- (1) Periodic report.--Beginning not later than the last day of the 3-month period beginning on the date of enactment of this Act and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. (2) Recommendations.--Not later than 2 years after the effective date of this Act, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. (g) Termination.--The Commission shall terminate on the earlier of the date that is 30 days after the activities honoring the centennial observation of World War I are carried out or July 28, 2019. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.), relating to the termination of advisory committees, shall not apply to the Commission. (h) Effective Date.--This Act shall be effective on January 1, 2010.

Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) encourage private organizations and state and local governments to organize and participate in such activities, (3) facilitate and coordinate such activities throughout the United States. And (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.

To establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I.

12,243

477

<SECTION-HEADER> FINDINGS. Congress finds that more than 4,000,000 men and women from the United States served in uniform in the defense of liberty during World War I, among them two future presidents, Harry S. Truman and Dwight D. Eisenhower. 2,000,000 individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas, the United States suffered 375,000 casualties during World War I. The events of 1914 through 1918 shaped the world, our country, and the lives of millions of people in countless ways. The centennial of World War I offers an opportunity for people in the United States to learn about the sacrifices of their predecessors. Commemorative efforts allow people in the United States to gain a historical understanding of the type of conflicts that cause countries to go to war and how those conflicts are resolved. Kansas City is home to America's National World War I Museum, as so recognized in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. America's National World War I Museum seeks to preserve the history of World War I. And to educate and enlighten people about this significant event, the consequences of which are still with us. Kansas City is home to the national headquarters for the Veterans of Foreign Wars. Missouri is the home State of General John Joseph Pershing, who commanded the American Expeditionary Forces in Europe during World War I. The Kansas City area is the home of the Harry S. Truman Presidential Library and Museum. And the Dwight David Eisenhower Presidential Library and Museum is located close to Kansas City in the neighboring State of Kansas. <SECTION-HEADER> PURPOSE. The purpose of this Act is to establish a commission, in Kansas City, Missouri, on the centennial of World War I to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum. <SECTION-HEADER> COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR I. In General. There is established a commission to be known as the World War I Centennial Commission . Duties. The Commission shall have the following duties: To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. To facilitate and coordinate activities throughout the United States related to the centennial of World War I. To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. Membership. Number and appointment. The Commission shall be composed of 24 members as follows: Four members appointed by the Speaker of the House of Representatives. Three members appointed by the minority leader of the House of Representatives. Four members appointed by the Senate majority leader. Three members appointed by the Senate minority leader. Seven members who are broadly representative of the people of the United States , appointed by the President. The executive director of the Veterans of Foreign Wars of the United States . The executive director of the American Legion . The president of the Liberty Memorial Association, the nonprofit entity responsible for the management of America's National World War I Museum . Continuation of membership. If a member of the Commission under paragraph (1)(F) through (H) ceases to hold a position named in such paragraph, that member must resign from the Commission as of the date that the member ceases to hold that position. Terms. Each member shall be appointed for the life of the Commission. Vacancies. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Pay. Members shall serve without pay. Travel expenses. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. Quorum. Thirteen members of the Commission shall constitute a quorum, but a lesser number may hold hearings. Chairperson. Vice chairperson. The Commission shall elect the Chairperson and Vice Chairperson of the Commission. Meetings. In general. The Commission shall meet at the call of the Chairperson, except that the first meeting shall be held before the end of the 30-day period beginning on the effective date of this Act. Location. The Commission shall hold the first meeting at America's National World War I Museum in Kansas City, Missouri, and thereafter shall hold at least one meeting per year at such location. Director and Additional Personnel of the Commission. Experts and Consultants. Director and staff. Appointment. The Chair of the Commission shall, in consultation with the members of the Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. Pay. Executive director. The executive director shall be paid at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule established under section 5315 of title 5, United State Code. Additional personnel. The executive director may fix the pay of any additional personnel appointed under subparagraph (A) as the executive director considers appropriate. Work location. If the city government for Kansas City, Missouri, and the nonprofit organization which administers America's National World War I Museum make space available, the executive director and any additional personnel appointed under subparagraph (A) shall work in the building that houses that museum. Experts and consultants. The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Staff of federal agencies. Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. Powers of the Commission. Hearings and sessions. For the purpose of carrying out this Act, the Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. Powers of members and agents. If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. Obtaining official data. The Commission shall secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. Gifts, bequests, and devises. Acceptance by commission. The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Deposit and availability. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. Mails. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. Administrative support services. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. Contract authority. The Commission is authorized to procure supplies, services, and property and to make or enter in contracts, leases, or other legal agreements. Except that any contract, lease, or other legal agreement made or entered into by the Commission may not extend beyond the date of termination of the Commission. Reports. Periodic report. Beginning not later than the last day of the 3-month period beginning on the date of enactment of this Act and the last day of each 3-month period thereafter, the Commission shall submit to Congress and the President a report on the activities and plans of the Commission. Recommendations. Not later than 2 years after the effective date of this Act, the Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. Termination. The Commission shall terminate on the earlier of the date that is 30 days after the activities honoring the centennial observation of World War I are carried out or July 28, 2019. Section 14(a)(2)(B) of the Federal Advisory Committee Act , relating to the termination of advisory committees, shall not apply to the Commission. Effective Date. This Act shall be effective on January 1, 2010.

Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) encourage private organizations and state and local governments to organize and participate in such activities, (3) facilitate and coordinate such activities throughout the United States. And (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.

To establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I.

115_s2443

SECTION 1. SHORT TITLE. This Act may be cited as the ``Careers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) A career guidance and counseling program develops an individual's competencies in self-knowledge, educational and occupational exploration, and career planning. (2) Career guidance and counseling programs help individuals acquire the knowledge, skills, and experience necessary to identify options, explore alternatives, and succeed in a 21st century society. (3) The American School Counselor Association recommends a student-to-counselor ratio of two-hundred fifty to one. Forty- seven States do not meet this recommendation. (4) School counselors design and implement comprehensive school counseling programs that include educational and career planning activities for all students that are designed to assist students in reaching academic, career, and personal goals. (5) Students at schools with highly integrated, rigorous, academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. SEC. 3. CAREER COUNSELING PROGRAM. (a) Program Authorized.--Part B of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the following: ``Subpart 5--Career Counseling Program ``SEC. 2251. DEFINITIONS. ``In this subpart: ``(1) Career counselor.--The term `career counselor' means a school counselor licensed or certified by a State. ``(2) Comprehensive career counseling program.--The term `comprehensive career counseling program' means a program that-- ``(A) provides access for students (and parents, as appropriate) to information regarding career awareness and planning with respect to an individual's occupational and academic future; ``(B) provides information with respect to career options, financial aid, and postsecondary options, including baccalaureate degree programs, registered apprenticeship programs, and professional trades; and ``(C) is implemented in a school by a career counselor. ``(3) Educational development plan.--The term `educational development plan' means an individualized plan for a student that-- ``(A) contains a series of steps to help the student promote career awareness and exploration; and ``(B) assists students in identifying-- ``(i) career and technical programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)); ``(ii) career pathways (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); and ``(iii) programs of training services leading to a recognized postsecondary credential included on a State's list under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(4) Registered apprenticeship program.--The term `registered apprenticeship program' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). ``SEC. 2252. CAREER COUNSELING PROGRAM. ``(a) Program Authorized.--From amounts made available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to State educational agencies, to pay the Federal share of a program enabling the State educational agencies to address the shortage of career counselors and to expand effective career counseling programs by awarding subgrants under section 2253. ``(b) Application.--A State that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of-- ``(1) how the State will award subgrants with an emphasis toward supporting local educational agencies with disproportionally high student-to-counselor ratios; ``(2) a professional development program approved by the State for all career counselors in the State, which may include opportunities for externships, fellowships, and other activities to ensure that career counselors are able to provide current and relevant workforce information; ``(3) how the State will provide technical assistance to local educational agencies to enable the local educational agencies to qualify for subgrants; ``(4) the State-wide strategies to be implemented by the State to increase the number of high-quality career counselors; ``(5) how the State will disseminate, in a timely manner, information regarding-- ``(A) national, regional, and local labor market trends; and ``(B) other career-relevant data; and ``(6) how the State will assist local educational agencies in the State in developing a comprehensive career counseling program. ``(c) Special Consideration.--In awarding grants under this program, the Secretary shall give special consideration to State educational agencies that have high student-to-counselor ratios. ``(d) Federal Share; Non-Federal Share.-- ``(1) Federal share.--The Federal share of a grant under this subpart shall be 80 percent of the costs of the activities under the grant. ``(2) Non-federal share.--The non-Federal share of a grant under this subpart shall be 20 percent, and may be provided in cash or in-kind. ``(e) Use of Funds.--Each State receiving a grant under this subpart-- ``(1) may use not more than 10 percent of the total amounts available for the grant to support the grant by carrying out the activities described in paragraphs (2) through (6) of subsection (b), as proposed by the State and approved by the Secretary in the application submitted under subsection (b); ``(2) may use not more than 3 percent of such total amounts for the administrative costs associated with the grant; and ``(3) shall use not less than 87 percent of such total amounts to carry out the subgrant program described in section 2253. ``SEC. 2253. CAREER COUNSELING SUBGRANTS. ``(a) Subgrants Authorized.--From amounts made available under section 2252(e)(3), each State receiving a grant under this subpart shall award subgrants, on a competitive basis, to local educational agencies to enable the local educational agencies to improve career counseling programs. ``(b) Application.--A local educational agency desiring a subgrant under this subpart shall submit to the State an application at such time, in such manner, and containing such information as the State may require, including the following: ``(1) A description of a comprehensive career counseling program to be offered in the local educational agency that-- ``(A) encompasses grades 6 through 12; ``(B) includes strategies to ensure that-- ``(i) all students served by the local educational agency start developing an educational development plan beginning in grade 7; and ``(ii) the educational development plan of each student is regularly reviewed and updated until the date that the student graduates from secondary school or is no longer enrolled in a school served by the local educational agency; and ``(C) is developed in consultation with not less than two of the following types of stakeholders: ``(i) Institutions of higher education or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))). ``(ii) Sponsors of registered apprenticeship programs. ``(iii) Local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)). ``(iv) Nonprofit organizations with expertise in career counseling. ``(v) Tribal organizations. ``(vi) Labor organizations. ``(vii) Trade associations. ``(2) In the case of a local educational agency whose student-to-counselor ratio is higher than the national average ratio (as determined by the American School Counselor Association, or a similar organization designated by the Secretary), a description of the activities that will be offered under the program described in paragraph (1) to reduce the local educational agency's ratio. ``(3) A description of activities to be offered under the comprehensive career counseling program to promote student engagement with registered apprenticeship programs, internships, and other work-based learning experiences. ``(4) A description of the strategies to be employed by the local educational agency-- ``(A) to ensure the effective dissemination of career and labor market information to parents and students; and ``(B) to ensure students are aware of in-school career development activities, including career and technical education programs and career and technical student organizations. ``(5) A description of how the local educational agency will ensure that parents of students are routinely engaged in the development of the educational development plans for their students. ``(6) A description of the strategies to be employed by the local educational agency-- ``(A) for ensuring that the comprehensive career counseling program described in paragraph (1) is incorporated in the school curriculum; and ``(B) for bolstering career readiness among out-of- school youth, economically disadvantaged students, students who are children with disabilities, and other at-risk populations. ``(c) Use of Subgrant Funds.--A local educational agency receiving a subgrant under this section-- ``(1) shall use subgrant funds to-- ``(A) develop and implement the comprehensive career counseling program proposed by the local educational agency in the application submitted under subsection (b)(1); and ``(B) develop and carry out other activities and strategies proposed in the application under subsection (b); and ``(2) may use subgrant funds to-- ``(A) purchase software or online platforms to directly support the comprehensive career counseling program of the local educational agency; and ``(B) train school personnel to effectively provide students with current and relevant workforce information. ``SEC. 2254. REPORTS. ``Each State educational agency receiving a grant under this subpart shall submit an annual report to the Secretary regarding the progress of the grant. ``SEC. 2255. SUPPLEMENT NOT SUPPLANT. ``Amounts made available under this subpart shall supplement, and not supplant, other amounts available to carry out the activities supported under this subpart. ``SEC. 2256. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $15,000,000 for fiscal year 2019 and each of the 4 succeeding fiscal years.''. (b) Conforming Amendment.--Section 2003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603(b)) is amended by inserting ``(except for subpart 5)'' after ``part B''.

Careers Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to award competitive grants to state educational agencies for: (1) activitiesnbsp. To address the shortage of career counselors in public schools and, (2)nbsp. Subgrants to local educational agencies for the expansion of effective career-counseling programs.

Careers Act

13,530

377

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Careers Act". <SECTION-HEADER> FINDINGS. Congress finds the following: A career guidance and counseling program develops an individual's competencies in self-knowledge, educational and occupational exploration, and career planning. Career guidance and counseling programs help individuals acquire the knowledge, skills, and experience necessary to identify options, explore alternatives, and succeed in a 21st century society. The American School Counselor Association recommends a student-to-counselor ratio of two-hundred fifty to one. Forty- seven States do not meet this recommendation. School counselors design and implement comprehensive school counseling programs that include educational and career planning activities for all students that are designed to assist students in reaching academic, career, and personal goals. Students at schools with highly integrated, rigorous, academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. <SECTION-HEADER> CAREER COUNSELING PROGRAM. Program Authorized. Part B of title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: "Subpart 5 Career Counseling Program "Section 2251. DEFINITIONS. "In this subpart: Career counselor. The term `career counselor' means a school counselor licensed or certified by a State. Comprehensive career counseling program. The term `comprehensive career counseling program' means a program that provides access for students to information regarding career awareness and planning with respect to an individual's occupational and academic future. Provides information with respect to career options, financial aid, and postsecondary options, including baccalaureate degree programs, registered apprenticeship programs, and professional trades. And is implemented in a school by a career counselor. Educational development plan. The term `educational development plan' means an individualized plan for a student that contains a series of steps to help the student promote career awareness and exploration. And assists students in identifying career and technical programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 USC. 2342(c)(1)(A)). Career pathways (as defined in section 3 of the Workforce Innovation and Opportunity Act. And programs of training services leading to a recognized postsecondary credential included on a State's list under section 122(d) of the Workforce Innovation and Opportunity Act (29 USC. 3152(d)). Registered apprenticeship program. The term `registered apprenticeship program' means an apprenticeship program registered under the Act of August 16, 1937 . "Section 2252. CAREER COUNSELING PROGRAM. Program Authorized. From amounts made available to carry out this subpart, the Secretary shall award grants, on a competitive basis, to State educational agencies, to pay the Federal share of a program enabling the State educational agencies to address the shortage of career counselors and to expand effective career counseling programs by awarding subgrants under section 2253. Application. A State that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of how the State will award subgrants with an emphasis toward supporting local educational agencies with disproportionally high student-to-counselor ratios. A professional development program approved by the State for all career counselors in the State, which may include opportunities for externships, fellowships, and other activities to ensure that career counselors are able to provide current and relevant workforce information. How the State will provide technical assistance to local educational agencies to enable the local educational agencies to qualify for subgrants. The State-wide strategies to be implemented by the State to increase the number of high-quality career counselors. How the State will disseminate, in a timely manner, information regarding national, regional, and local labor market trends, and other career-relevant data. And how the State will assist local educational agencies in the State in developing a comprehensive career counseling program. Special Consideration. In awarding grants under this program, the Secretary shall give special consideration to State educational agencies that have high student-to-counselor ratios. Federal Share. Non-Federal Share. Federal share. The Federal share of a grant under this subpart shall be 80 percent of the costs of the activities under the grant. Non-federal share. The non-Federal share of a grant under this subpart shall be 20 percent, and may be provided in cash or in-kind. Use of Funds. Each State receiving a grant under this subpart may use not more than 10 percent of the total amounts available for the grant to support the grant by carrying out the activities described in paragraphs (2) through (6) of subsection (b), as proposed by the State and approved by the Secretary in the application submitted under subsection (b). May use not more than 3 percent of such total amounts for the administrative costs associated with the grant. And shall use not less than 87 percent of such total amounts to carry out the subgrant program described in section 2253. "Section 2253. CAREER COUNSELING SUBGRANTS. Subgrants Authorized. From amounts made available under section 2252(e)(3), each State receiving a grant under this subpart shall award subgrants, on a competitive basis, to local educational agencies to enable the local educational agencies to improve career counseling programs. Application. A local educational agency desiring a subgrant under this subpart shall submit to the State an application at such time, in such manner, and containing such information as the State may require, including the following: A description of a comprehensive career counseling program to be offered in the local educational agency that encompasses grades 6 through 12. Includes strategies to ensure that all students served by the local educational agency start developing an educational development plan beginning in grade 7. And the educational development plan of each student is regularly reviewed and updated until the date that the student graduates from secondary school or is no longer enrolled in a school served by the local educational agency. And is developed in consultation with not less than two of the following types of stakeholders: Institutions of higher education or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 USC. 1002(c))). Sponsors of registered apprenticeship programs. Local boards (as defined in section 3 of the Workforce Innovation and Opportunity Act . Nonprofit organizations with expertise in career counseling. Tribal organizations. Labor organizations. Trade associations. In the case of a local educational agency whose student-to-counselor ratio is higher than the national average ratio , a description of the activities that will be offered under the program described in paragraph (1) to reduce the local educational agency's ratio. A description of activities to be offered under the comprehensive career counseling program to promote student engagement with registered apprenticeship programs, internships, and other work-based learning experiences. A description of the strategies to be employed by the local educational agency to ensure the effective dissemination of career and labor market information to parents and students. And to ensure students are aware of in-school career development activities, including career and technical education programs and career and technical student organizations. A description of how the local educational agency will ensure that parents of students are routinely engaged in the development of the educational development plans for their students. A description of the strategies to be employed by the local educational agency for ensuring that the comprehensive career counseling program described in paragraph (1) is incorporated in the school curriculum. And for bolstering career readiness among out-of- school youth, economically disadvantaged students, students who are children with disabilities, and other at-risk populations. Use of Subgrant Funds. A local educational agency receiving a subgrant under this section shall use subgrant funds to develop and implement the comprehensive career counseling program proposed by the local educational agency in the application submitted under subsection (b)(1). And develop and carry out other activities and strategies proposed in the application under subsection. And may use subgrant funds to purchase software or online platforms to directly support the comprehensive career counseling program of the local educational agency. And train school personnel to effectively provide students with current and relevant workforce information. "Section 2254. REPORTS. "Each State educational agency receiving a grant under this subpart shall submit an annual report to the Secretary regarding the progress of the grant. "Section 2255. SUPPLEMENT NOT SUPPLANT. "Amounts made available under this subpart shall supplement, and not supplant, other amounts available to carry out the activities supported under this subpart. "Section 2256. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this subpart $15,000,000 for fiscal year 2019 and each of the 4 succeeding fiscal years.". Conforming Amendment. Section 2003(b) of the Elementary and Secondary Education Act of 1965 (20 USC. 6603(b)) is amended by inserting "" after "part B".

Careers Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to award competitive grants to state educational agencies for: (1) activitiesnbsp. To address the shortage of career counselors in public schools and, (2)nbsp. Subgrants to local educational agencies for the expansion of effective career-counseling programs.

Careers Act

108_s1315

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Safety from Wildfire Act of 2003''. SEC. 2. UNITED STATES LIABILITY FOR DAMAGES RESULTING FROM THE SPREAD OF WILDFIRE FROM FORESTED PUBLIC LANDS. (a) Imposition of Liability for Spread of Wildfire.--Title III of the Federal Land Policy and Management Act of 1976 is amended by inserting after section 318 (43 U.S.C. 1748) the following new section: ``sec. 319. liability for damages resulting from spread of wildfire from public lands or national forest system lands. ``(a) Liability as Rule of Law.--Except as provided in subsections (b), (c), and (d), and subject to the delayed effective date specified in subsection (h), any injury to or loss of property that occurs on non-Federal lands as a direct result of a fire that spread from forested Federal lands onto the non-Federal lands, either directly or by first spreading to other non-Federal lands, shall be deemed to be an injury or loss of property caused by the negligent or wrongful act or omission of an employee of the United States while acting within the scope of the employee's office or employment for purposes of section 1346 and chapter 171 of title 28, United States Code (commonly known as the `Federal Tort Claims Act'). ``(b) Additional Requirement for Certain Non-Federal Lands.--The owner or leasee of non-Federal lands damaged by the spread of wildfire from forested Federal lands may not utilize the rule of law specified in subsection (a) when the non-Federal lands exceed 6,400 acres and are used for the commercial production of timber, unless the owner or leasee proves that the damaged non-Federal lands were being managed to achieve or maintain the forest health status known as condition class 1 immediately before the fire. In the event of a dispute between the owner or leasee and the Secretary concerned regarding the status of the non-Federal lands before the fire, the determination of the State Forester of the State in which the lands are located shall control and any expenses associated with State Foresters determination shall be equally divided between the disputing parties. ``(c) Exclusion of Condition Class 1 Lands.--The rule of law specified in subsection (a) shall not apply if the forested Federal lands within the buffer zone adjacent to the Federal land boundary from which the fire spread to non-Federal lands were managed as condition class 1 immediately before the fire. ``(d) Exclusion of Other Federal Lands.--The rule of law specified in subsection (a) shall not apply to the following Federal lands, even though wildfire may originate on such lands and spread to adjacent non- Federal lands: ``(1) A component of the National Wilderness Preservation System. ``(2) Federal lands where, by Act of Congress, Presidential proclamation, or land and resource management plan, the removal of vegetation is prohibited. ``(3) Areas of Federal lands that comprise less than 6,400 acres and are not contiguous to other Federal lands. ``(e) Exception for O&C Lands.--The rule of law specified in subsection (a) shall apply to National Forest System lands and Bureau of Land Management lands administered under the authorities of the O&C Sustained Yield Act of 1937 and that do not meet the acreage limitation set forth in subsection (d)(3). ``(f) Report Regarding Status of Buffer Lands.--Not later than two years after the date of the enactment of this section, the Secretary concerned shall submit to Congress a report describing the forest health status of all buffer zones with non-Federal lands and the extent to which the buffer zones are in, or are being managed to achieve, the forest health status known as condition class 1. ``(g) Definitions.--In this section: ``(1) The term `buffer zone' refers to those forested Federal lands that are within a prescribed distance of a Federal land boundary with non-Federal lands and comprise, or are part of a larger area of Federal lands comprising, 6,400 acres or more. The Secretary shall prescribe the actual buffer zone for a particular area of forested Federal lands based on the geography, topography, and forest cover of the lands. ``(2) The term `condition class 1', with respect to an area of forested Federal lands or non-Federal lands, means that the lands are managed so that-- ``(A) fire regimes on the lands are within historical ranges; ``(B) vegetation composition and structure are intact; and ``(C) the risk of losing key ecosystem components from the occurrence of fire remains relatively low. ``(3) The term `forested Federal lands' means public lands and National Forest System lands that contain trees as a significant component of the lands. ``(4) The term `Secretary concerned' means the Secretary of the Interior (or the designee of that Secretary) with respect to public lands and the Secretary of Agriculture (or the designee of that Secretary) with respect to National Forest System lands. ``(h) Delayed Effective Date.--The rule of law specified in subsection (a) shall take effect at the end of the eight-year period beginning on the date of the enactment of this section and apply with respect to fires that spread from Federal lands onto non-Federal lands after the end of such period.''. (b) Clerical Amendment.--The table of contents at the beginning of the Federal Land Policy and Management Act of 1976 is amended by inserting after the item relating to section 318 the following new item: ``Sec. 319. Liability for damages resulting from spread of wildfire from public lands or National Forest System lands.''.

Enhanced Safety from Wildfire Act of 2003 - Amends the Federal Land Policy and Management Act of 1976 with respect to fires that spread from forested Federal lands onto nonfederal lands and cause injuries or property loss. Assumes Federal responsibility for injuries or property loss resulting from such fires under the Federal Tort Claims Act and other Federal law pertaining to the United States as a defendant in District Court. Provides for exceptions in certain cases, including if: (1) the nonfederal land exceeds 6,400 acres and is being used for commercial timber production. (2) the Federal land is a component of the National Wilderness Preservation System. Or (3) the Federal land comprises less than 6,400 acres and is not contiguous to other Federal lands. States that Federal responsibility will apply in the case of injuries or property loss from a fire originating on National Forest System or Bureau of Land Management lands administered under the authorities of the OC Sustained Yield Act of 1937 and that comprise less than 6,400 acres.

A bill to amend the Federal Land Policy and Management Act of 1976 to provide owners of non-Federal lands with a reliable method of receiving compensation for damages resulting from the spread of wildfire from nearby forested National Forest System lands or Bureau of Land Management lands, when those forested Federal lands are not maintained in the forest health status known as condition class 1.

6,100

1,055

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Enhanced Safety from Wildfire Act of 2003". <SECTION-HEADER> UNITED STATES LIABILITY FOR DAMAGES RESULTING FROM THE SPREAD OF WILDFIRE FROM FORESTED PUBLIC LANDS. Imposition of Liability for Spread of Wildfire. Title III of the Federal Land Policy and Management Act of 1976 is amended by inserting after section 318 the following new section: "sec. 319. liability for damages resulting from spread of wildfire from public lands or national forest system lands. Liability as Rule of Law. Except as provided in subsections , (c), and (d), and subject to the delayed effective date specified in subsection (h), any injury to or loss of property that occurs on non-Federal lands as a direct result of a fire that spread from forested Federal lands onto the non-Federal lands, either directly or by first spreading to other non-Federal lands, shall be deemed to be an injury or loss of property caused by the negligent or wrongful act or omission of an employee of the United States while acting within the scope of the employee's office or employment for purposes of section 1346 and chapter 171 of title 28, United States Code . Additional Requirement for Certain Non-Federal Lands. The owner or leasee of non-Federal lands damaged by the spread of wildfire from forested Federal lands may not utilize the rule of law specified in subsection (a) when the non-Federal lands exceed 6,400 acres and are used for the commercial production of timber, unless the owner or leasee proves that the damaged non-Federal lands were being managed to achieve or maintain the forest health status known as condition class 1 immediately before the fire. In the event of a dispute between the owner or leasee and the Secretary concerned regarding the status of the non-Federal lands before the fire, the determination of the State Forester of the State in which the lands are located shall control and any expenses associated with State Foresters determination shall be equally divided between the disputing parties. Exclusion of Condition Class 1 Lands. The rule of law specified in subsection (a) shall not apply if the forested Federal lands within the buffer zone adjacent to the Federal land boundary from which the fire spread to non-Federal lands were managed as condition class 1 immediately before the fire. Exclusion of Other Federal Lands. The rule of law specified in subsection (a) shall not apply to the following Federal lands, even though wildfire may originate on such lands and spread to adjacent non- Federal lands: A component of the National Wilderness Preservation System. Federal lands where, by Act of Congress, Presidential proclamation, or land and resource management plan, the removal of vegetation is prohibited. Areas of Federal lands that comprise less than 6,400 acres and are not contiguous to other Federal lands. Exception for OC Lands. The rule of law specified in subsection (a) shall apply to National Forest System lands and Bureau of Land Management lands administered under the authorities of the OC Sustained Yield Act of 1937 and that do not meet the acreage limitation set forth in subsection (d)(3). Report Regarding Status of Buffer Lands. Not later than two years after the date of the enactment of this section, the Secretary concerned shall submit to Congress a report describing the forest health status of all buffer zones with non-Federal lands and the extent to which the buffer zones are in, or are being managed to achieve, the forest health status known as condition class 1. Definitions. In this section: The term `buffer zone' refers to those forested Federal lands that are within a prescribed distance of a Federal land boundary with non-Federal lands and comprise, or are part of a larger area of Federal lands comprising, 6,400 acres or more. The Secretary shall prescribe the actual buffer zone for a particular area of forested Federal lands based on the geography, topography, and forest cover of the lands. The term `condition class 1', with respect to an area of forested Federal lands or non-Federal lands, means that the lands are managed so that fire regimes on the lands are within historical ranges, vegetation composition and structure are intact. And the risk of losing key ecosystem components from the occurrence of fire remains relatively low. The term `forested Federal lands' means public lands and National Forest System lands that contain trees as a significant component of the lands. The term `Secretary concerned' means the Secretary of the Interior with respect to public lands and the Secretary of Agriculture with respect to National Forest System lands. Delayed Effective Date. The rule of law specified in subsection (a) shall take effect at the end of the eight-year period beginning on the date of the enactment of this section and apply with respect to fires that spread from Federal lands onto non-Federal lands after the end of such period.". Clerical Amendment. The table of contents at the beginning of the Federal Land Policy and Management Act of 1976 is amended by inserting after the item relating to section 318 the following new item: "Section 319. Liability for damages resulting from spread of wildfire from public lands or National Forest System lands.".

Enhanced Safety from Wildfire Act of 2003 - Amends the Federal Land Policy and Management Act of 1976 with respect to fires that spread from forested Federal lands onto nonfederal lands and cause injuries or property loss. Assumes Federal responsibility for injuries or property loss resulting from such fires under the Federal Tort Claims Act and other Federal law pertaining to the United States as a defendant in District Court. Provides for exceptions in certain cases, including if: (1) the nonfederal land exceeds 6,400 acres and is being used for commercial timber production. (2) the Federal land is a component of the National Wilderness Preservation System. Or (3) the Federal land comprises less than 6,400 acres and is not contiguous to other Federal lands. States that Federal responsibility will apply in the case of injuries or property loss from a fire originating on National Forest System or Bureau of Land Management lands administered under the authorities of the OC Sustained Yield Act of 1937 and that comprise less than 6,400 acres.

A bill to amend the Federal Land Policy and Management Act of 1976 to provide owners of non-Federal lands with a reliable method of receiving compensation for damages resulting from the spread of wildfire from nearby forested National Forest System lands or Bureau of Land Management lands, when those forested Federal lands are not maintained in the forest health status known as condition class 1.

108_s1595

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Military Reservist Tax Credit Act''. SEC. 2. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED MILITARY RESERVIST AND REPLACEMENT PERSONNEL. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) Qualified employees.-- ``(A) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(i) the excess, if any, of-- ``(I) the qualified employee's average daily qualified compensation for the taxable year, over ``(II) the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(ii) $15,000. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(B) Average daily qualified compensation and average daily military pay and allowances.--As used with respect to a qualified employee-- ``(i) the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between-- ``(I) 365, and ``(II) the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(ii) the term `average daily military pay and allowances' means-- ``(I) the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by ``(II) the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. ``(C) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and ``(iii) group health plan costs (if any) with respect to the qualified employee. ``(D) Qualified employee.--The term `qualified employee' means a person who-- ``(i) has been an employee of the taxpayer for the 91-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and ``(ii) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(2) Qualified replacement employees.-- ``(A) In general.--The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(i) the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or ``(ii) $15,000. The employment credit, with respect to all qualified replacement employees, is equal to the sum of the employment credits for each qualified replacement employee under this subsection. ``(B) Qualified compensation.--When used with respect to the compensation paid to a qualified replacement employee, the term `qualified compensation' means-- ``(i) compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), ``(ii) compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and ``(iii) group health plan costs (if any) with respect to the qualified replacement employee. ``(C) Qualified replacement employee.--The term `qualified replacement employee' means an individual who is hired to replace a qualified employee or a qualified self-employed taxpayer, but only with respect to the period during which such employee or taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(c) Self-Employment Credit.--For purposes of this section-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 40 percent of the lesser of-- ``(A) the excess, if any, of-- ``(i) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(ii) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or ``(B) $15,000. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402(b)) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit in Addition to Deduction.--The employment credit or the self-employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee, qualified replacement employee, or qualified self-employed taxpayer during any period the qualified employee or qualified self-employed taxpayer participates in qualified reserve component duty to the exclusion of normal employment duties. ``(e) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(f) Limitations.-- ``(1) Application with other credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over ``(B) the tentative minimum tax for the taxable year. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the 2 succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period by taking into account any person who is called or ordered to active duty for any of the following types of duty: ``(A) Active duty for training under any provision of title 10, United States Code. ``(B) Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. ``(C) Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(g) General Definitions and Special Rules.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(3) Qualified reserve component duty.--The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(4) Special rules for certain manufacturers.-- ``(A) In general.--In the case of any qualified manufacturer-- ``(i) subsections (b)(1)(A)(ii), (b)(2)(A)(ii), and (c)(1)(B) shall be applied by substituting `$25,000' for `$15,000', and ``(ii) paragraph (1)(A) of this subsection shall be applied by substituting `100' for `50'. ``(B) Qualified manufacturer.--For purposes of this paragraph, the term `qualified manufacturer' means any person if-- ``(i) the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and ``(ii) all of such person's facilities which are used for production in such business are located in the United States. ``(5) Carryback and carryforward allowed.-- ``(A) In general.--If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (f)(1) for such taxable year (in this paragraph referred to as the `unused credit year'), such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. ``(B) Rules.--Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). ``(6) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.''. (b) Conforming Amendment.--Section 55(c)(2) of the Internal Revenue Code of 1986 is amended by inserting ``30B(f)(1),'' after ``30(b)(3),''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end 30A the following new item: ``Sec. 30B. Employer wage credit for activated military reservists.''. (d) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall apply to amounts paid after September 11, 2001, in taxable years ending after such date. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to establish, with respect to individuals participating in qualified military reserve component duty, a tax credit equal to the sum of: (1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, and (2) the self-employment credit of a qualified self-employed taxpayer.

A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed individuals, and for other purposes.

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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Small Business Military Reservist Tax Credit Act". <SECTION-HEADER> CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED MILITARY RESERVIST AND REPLACEMENT PERSONNEL. In General. Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS. General Rule. There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, plus the self-employment credit of a qualified self- employed taxpayer. Employment Credit. For purposes of this section Qualified employees. In general. The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of the excess, if any, of the qualified employee's average daily qualified compensation for the taxable year, over the average daily military pay and allowances received by the qualified employee during the taxable year, while participating in qualified reserve component duty to the exclusion of the qualified employee's normal employment duties for the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or $15,000. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. Average daily qualified compensation and average daily military pay and allowances. As used with respect to a qualified employee the term `average daily qualified compensation' means the qualified compensation of the qualified employee for the taxable year divided by the difference between 365, and the number of days the qualified employee participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and the term `average daily military pay and allowances' means the amount paid to the qualified employee during the taxable year as military pay and allowances on account of the qualified employee's participation in qualified reserve component duty, divided by the total number of days the qualified employee participates in qualified reserve component duty, including time spent in travel status. Qualified compensation. When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the qualified employee participates in qualified reserve component duty, the term `qualified compensation' means compensation which is normally contingent on the qualified employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the qualified employee were present and receiving such compensation, compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the qualified employee participates in qualified reserve component duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the qualified employee, and group health plan costs with respect to the qualified employee. Qualified employee. The term `qualified employee' means a person who has been an employee of the taxpayer for the 91-day period immediately preceding the period during which the employee participates in qualified reserve component duty, and is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. Qualified replacement employees. In general. The employment credit with respect to a qualified replacement employee of the taxpayer for any taxable year is equal to 40 percent of the lesser of the individual's qualified compensation attributable to service rendered as a qualified replacement employee, or $15,000. The employment credit, with respect to all qualified replacement employees, is equal to the sum of the employment credits for each qualified replacement employee under this subsection. Qualified compensation. When used with respect to the compensation paid to a qualified replacement employee, the term `qualified compensation' means compensation which is normally contingent on the qualified replacement employee's presence for work and which is deductible from the taxpayer's gross income under section 162(a)(1), compensation which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and group health plan costs with respect to the qualified replacement employee. Qualified replacement employee. The term `qualified replacement employee' means an individual who is hired to replace a qualified employee or a qualified self-employed taxpayer, but only with respect to the period during which such employee or taxpayer participates in qualified reserve component duty, including time spent in travel status. Self-Employment Credit. For purposes of this section In general. The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 40 percent of the lesser of the excess, if any, of the self-employed taxpayer's average daily self-employment income for the taxable year over the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve component duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, or $15,000. Average daily self-employment income and average daily military pay and allowances. As used with respect to a self-employed taxpayer the term `average daily self-employment income' means the self-employment income (as defined in section 1402(b)) of the taxpayer for the taxable year plus the amount paid for insurance which constitutes medical care for the taxpayer for such year (within the meaning of section 162(l)) divided by the difference between 365, and the number of days the taxpayer participates in qualified reserve component duty during the taxable year, including time spent in a travel status, and the term `average daily military pay and allowances' means the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve component duty, divided by the total number of days the taxpayer participates in qualified reserve component duty, including time spent in travel status. Qualified self-employed taxpayer. The term `qualified self-employed taxpayer' means a taxpayer who has net earnings from self-employment (as defined in section 1402(a)) for the taxable year, and is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. Credit in Addition to Deduction. The employment credit or the self-employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee, qualified replacement employee, or qualified self-employed taxpayer during any period the qualified employee or qualified self-employed taxpayer participates in qualified reserve component duty to the exclusion of normal employment duties. Coordination With Other Credits. The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. Limitations. Application with other credits. The credit allowed under subsection (a) for any taxable year shall not exceed the excess of the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, and 30, over the tentative minimum tax for the taxable year. Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states. No credit shall be allowed under subsection (a) to a taxpayer for any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and the 2 succeeding taxable years. Disallowance with respect to persons ordered to active duty for training. No credit shall be allowed under subsection (a) to a taxpayer with respect to any period by taking into account any person who is called or ordered to active duty for any of the following types of duty: Active duty for training under any provision of title 10, United States Code. Training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code. Full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. General Definitions and Special Rules. For purposes of this section Small business employer. In general. The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. Controlled groups. For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. Military pay and allowances. The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. Qualified reserve component duty. The term `qualified reserve component duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. Special rules for certain manufacturers. In general. In the case of any qualified manufacturer subsections (b)(1)(A)(ii), (2)(A)(ii), and (c)(1)(B) shall be applied by substituting `$25,000' for `$15,000', and paragraph (1)(A) of this subsection shall be applied by substituting `100' for `50'. Qualified manufacturer. For purposes of this paragraph, the term `qualified manufacturer' means any person if the primary business of such person is classified in sector 31, 32, or 33 of the North American Industrial Classification System, and all of such person's facilities which are used for production in such business are located in the United States. Carryback and carryforward allowed. In general. If the credit allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (f)(1) for such taxable year , such excess shall be a credit carryback to each of the 3 taxable years preceding the unused credit year and a credit carryforward to each of the 20 taxable years following the unused credit year. Rules. Rules similar to the rules of section 39 shall apply with respect to the credit carryback and credit carryforward under subparagraph (A). Certain rules to apply. Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.". Conforming Amendment. Section 55(c)(2) of the Internal Revenue Code of 1986 is amended by inserting "30B(f)(1)," after "30(b)(3),". Clerical Amendment. The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end 30A the following new item: "Section 30B. Employer wage credit for activated military reservists.". Effective Date. Special Rule. Effective date. The amendments made by this section shall apply to amounts paid after September 11, 2001, in taxable years ending after such date. Waiver of limitations. If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law , such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to establish, with respect to individuals participating in qualified military reserve component duty, a tax credit equal to the sum of: (1) in the case of a small business employer, the employment credit with respect to all qualified employees and qualified replacement employees of the taxpayer, and (2) the self-employment credit of a qualified self-employed taxpayer.

A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed individuals, and for other purposes.

109_s3982

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assured Compensation for First Responders Act''. SEC. 2. ASSURED COMPENSATION FOR FIRST RESPONDERS INJURED BY EXPERIMENTAL VACCINES AND DRUGS. (a) Repeal.--The Public Readiness and Emergency Preparedness Act (division C of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148)) is repealed. (b) National Biodefense Injury Compensation Program.-- (1) Establishment.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended by adding at the end the following: ``(q) Biodefense Injury Compensation Program.-- ``(1) Establishment.--There is established the Biodefense Injury Compensation Program (referred to in this subsection as the `Compensation Program') under which compensation may be paid for death or any injury, illness, disability, or condition that is likely (based on best available evidence) to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). ``(2) Administration and interpretation.--The statutory provisions governing the Compensation Program shall be administered and interpreted in consideration of the program goals described in paragraph (4)(B)(iii). ``(3) Procedures and standards.--The Secretary shall by regulation establish procedures and standards applicable to the Compensation Program that follow the procedures and standards applicable under the National Vaccine Injury Compensation Program established under section 2110, except that the regulations promulgated under this paragraph shall permit a person claiming injury or death related to the administration of any covered countermeasure to file either-- ``(A) a civil action for relief under subsection (p); or ``(B) a petition for compensation under this subsection. ``(4) Injury table.-- ``(A) Inclusion.--For purposes of receiving compensation under the Compensation Program with respect to a countermeasure that is the subject of a declaration under subsection (p)(2), the Vaccine Injury Table under section 2114 shall be deemed to include death and the injuries, disabilities, illnesses, and conditions specified by the Secretary under subparagraph (B)(ii). ``(B) Injuries, disabilities, illnesses, and conditions.-- ``(i) Institute of medicine.--Not later than 30 days after making a declaration described in subsection (p)(2), the Secretary shall enter into a contract with the Institute of Medicine, under which the Institute shall, within 180 days of the date on which the contract is entered into, and periodically thereafter as new information, including information derived from the monitoring of those who were administered the countermeasure, becomes available, provide its expert recommendations on the injuries, disabilities, illnesses, and conditions whose occurrence in one or more individuals are likely (based on best available evidence) to have been caused by the administration of a countermeasure that is the subject of the declaration. ``(ii) Specification by secretary.--Not later than 30 days after the receipt of the expert recommendations described in clause (i), the Secretary shall, based on such recommendations, specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table under section 2114 for the purposes described in subparagraph (A). ``(iii) Program goals.--The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided taking into account the following goals of such program: ``(I) To encourage persons to develop, manufacture, and distribute countermeasures, and to administer covered countermeasures to individuals, by limiting such persons' liability for damages related to death and such injuries, disabilities, illnesses, and conditions. ``(II) To encourage individuals to consent to the administration of a covered countermeasure by providing adequate and just compensation for damages related to death and such injuries, disabilities, illnesses, or conditions. ``(III) To provide individuals seeking compensation for damages related to the administration of a countermeasure with a non-adversarial administrative process for obtaining adequate and just compensation. ``(iv) Use of best available evidence.--The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided using the best available evidence, including information from adverse event reporting or other monitoring of those individuals who were administered the countermeasure, whether evidence from clinical trials or other scientific studies in humans is available. ``(v) Application of section 2115.--With respect to section 2115(a)(2) as applied for purposes of this subsection, an award for the estate of the deceased shall be-- ``(I) if the deceased was under the age of 18, an amount equal to the amount that may be paid to a survivor or survivors as death benefits under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.); or ``(II) if the deceased was 18 years of age or older, the greater of-- ``(aa) the amount described in subclause (I); or ``(bb) the projected loss of employment income, except that the amount under this item may not exceed an amount equal to 400 percent of the amount that applies under item (aa). ``(vi) Application of section 2116.-- Section 2116(b) shall apply to injuries, disabilities, illnesses, and conditions initially specified or revised by the Secretary under clause (ii), except that the exceptions contained in paragraphs (1) and (2) of such section shall not apply. ``(C) Rule of construction.--Section 13632 (a)(3) of Public Law 103-66 (107 Stat. 646) (making revisions by Secretary to the Vaccine Injury Table effective on the effective date of a corresponding tax) shall not be construed to apply to any revision to the Vaccine Injury Table made under regulations under this paragraph. ``(5) Application.--The Compensation Program applies to any death or injury, illness, disability, or condition that is likely (based on best available evidence) to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). ``(6) Special masters.-- ``(A) Hiring.--In accordance with section 2112, the judges of the United States Claims Court shall appoint a sufficient number of special masters to address claims for compensation under this subsection. ``(B) Budget authority.--There are appropriated to carry out this subsection such sums as may be necessary for fiscal year 2006 and each fiscal year thereafter. This subparagraph constitutes budget authority in advance of appropriations and represents the obligation of the Federal Government. ``(7) Covered countermeasure.--For purposes of this subsection, the term `covered countermeasure' has the meaning given to such term in subsection (p)(7)(A). ``(8) Funding.--Compensation made under the Compensation Program shall be made from the same source of funds as payments made under subsection (p).''. (2) Effective date.--This subsection shall take effect as of November 25, 2002 (the date of enactment of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)).

Assured Compensation for First Responders Act - Repeals the Public Readiness and Emergency Preparedness Act . Amends the Public Health Service Act to establish the Biodefense Injury Compensation Program to provide compensation for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure pursuant to a declaration by the Secretary of Health and Human Services that an actual or potential bioterrorist incident or public health emergency makes such administration to a category of individuals advisable. Requires the Secretary: (1) after making such a declaration, to enter into a contract for the Institute of Medicine to provide its recommendations on the injuries, disabilities, illnesses, and conditions likely to have been caused by the countermeasure. And (2) after receiving such recommendations, to specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table. Sets the effective date for such Program as November 25, 2002.

A bill to amend the Public Health Service Act to provide assured compensation for first responders injured by experimental vaccines and drugs.

12,305

1,066

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Assured Compensation for First Responders Act". <SECTION-HEADER> ASSURED COMPENSATION FOR FIRST RESPONDERS INJURED BY EXPERIMENTAL VACCINES AND DRUGS. Repeal. The Public Readiness and Emergency Preparedness Act (division C of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 is repealed. National Biodefense Injury Compensation Program. Establishment. Section 224 of the Public Health Service Act is amended by adding at the end the following: Biodefense Injury Compensation Program. Establishment. There is established the Biodefense Injury Compensation Program under which compensation may be paid for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). Administration and interpretation. The statutory provisions governing the Compensation Program shall be administered and interpreted in consideration of the program goals described in paragraph (4)(B)(iii). Procedures and standards. The Secretary shall by regulation establish procedures and standards applicable to the Compensation Program that follow the procedures and standards applicable under the National Vaccine Injury Compensation Program established under section 2110, except that the regulations promulgated under this paragraph shall permit a person claiming injury or death related to the administration of any covered countermeasure to file either a civil action for relief under subsection. Or a petition for compensation under this subsection. Injury table. Inclusion. For purposes of receiving compensation under the Compensation Program with respect to a countermeasure that is the subject of a declaration under subsection (p)(2), the Vaccine Injury Table under section 2114 shall be deemed to include death and the injuries, disabilities, illnesses, and conditions specified by the Secretary under subparagraph (B)(ii). Injuries, disabilities, illnesses, and conditions. Institute of medicine. Not later than 30 days after making a declaration described in subsection (p)(2), the Secretary shall enter into a contract with the Institute of Medicine, under which the Institute shall, within 180 days of the date on which the contract is entered into, and periodically thereafter as new information, including information derived from the monitoring of those who were administered the countermeasure, becomes available, provide its expert recommendations on the injuries, disabilities, illnesses, and conditions whose occurrence in one or more individuals are likely to have been caused by the administration of a countermeasure that is the subject of the declaration. Specification by secretary. Not later than 30 days after the receipt of the expert recommendations described in clause (i), the Secretary shall, based on such recommendations, specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table under section 2114 for the purposes described in subparagraph (A). Program goals. The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided taking into account the following goals of such program: To encourage persons to develop, manufacture, and distribute countermeasures, and to administer covered countermeasures to individuals, by limiting such persons' liability for damages related to death and such injuries, disabilities, illnesses, and conditions. To encourage individuals to consent to the administration of a covered countermeasure by providing adequate and just compensation for damages related to death and such injuries, disabilities, illnesses, or conditions. To provide individuals seeking compensation for damages related to the administration of a countermeasure with a non-adversarial administrative process for obtaining adequate and just compensation. Use of best available evidence. The Institute of Medicine, under the contract under clause (i), shall make such recommendations, the Secretary shall specify, under clause (ii), such injuries, disabilities, illnesses, and conditions, and claims under the Compensation Program under this subsection shall be processed and decided using the best available evidence, including information from adverse event reporting or other monitoring of those individuals who were administered the countermeasure, whether evidence from clinical trials or other scientific studies in humans is available. Application of section 2115. With respect to section 2115(a)(2) as applied for purposes of this subsection, an award for the estate of the deceased shall be if the deceased was under the age of 18, an amount equal to the amount that may be paid to a survivor or survivors as death benefits under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968. Or if the deceased was 18 years of age or older, the greater of the amount described in subclause (I). Or the projected loss of employment income, except that the amount under this item may not exceed an amount equal to 400 percent of the amount that applies under item (aa). Application of section 2116. Section 2116(b) shall apply to injuries, disabilities, illnesses, and conditions initially specified or revised by the Secretary under clause (ii), except that the exceptions contained in paragraphs (1) and (2) of such section shall not apply. Rule of construction. Section 13632 (a)(3) of Public Law 103-66 shall not be construed to apply to any revision to the Vaccine Injury Table made under regulations under this paragraph. Application. The Compensation Program applies to any death or injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure to an individual pursuant to a declaration under subsection (p)(2). Special masters. Hiring. In accordance with section 2112, the judges of the United States Claims Court shall appoint a sufficient number of special masters to address claims for compensation under this subsection. Budget authority. There are appropriated to carry out this subsection such sums as may be necessary for fiscal year 2006 and each fiscal year thereafter. This subparagraph constitutes budget authority in advance of appropriations and represents the obligation of the Federal Government. Covered countermeasure. For purposes of this subsection, the term `covered countermeasure' has the meaning given to such term in subsection (p)(7)(A). Funding. Compensation made under the Compensation Program shall be made from the same source of funds as payments made under subsection (p).". Effective date. This subsection shall take effect as of November 25, 2002 (the date of enactment of the Homeland Security Act of 2002 .

Assured Compensation for First Responders Act - Repeals the Public Readiness and Emergency Preparedness Act . Amends the Public Health Service Act to establish the Biodefense Injury Compensation Program to provide compensation for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure pursuant to a declaration by the Secretary of Health and Human Services that an actual or potential bioterrorist incident or public health emergency makes such administration to a category of individuals advisable. Requires the Secretary: (1) after making such a declaration, to enter into a contract for the Institute of Medicine to provide its recommendations on the injuries, disabilities, illnesses, and conditions likely to have been caused by the countermeasure. And (2) after receiving such recommendations, to specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table. Sets the effective date for such Program as November 25, 2002.

A bill to amend the Public Health Service Act to provide assured compensation for first responders injured by experimental vaccines and drugs.

107_hr4193

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crackdown on Deadbeat Dealers Act of 2002''. SEC. 2. FINDINGS. The Congress finds that-- (1) a small number of licensed firearms dealers account for a large proportion of the firearms traced from crimes; (2) in 1998, 1.2 percent of licensed firearms dealers-- 1,020 of the approximately 83,200 licensed retail firearms dealers and pawnbrokers-- accounted for over 57 percent of the crime guns traced to licensed firearms dealers; and (3) in 1998, just over 450 licensed firearms dealers had traced to them 10 or more guns that were used in crimes within 3 years after they sold the guns. SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. SEC. 4. INCREASING PENALTIES ON GUN KINGPINS. (a) Increasing the Penalty for Engaging in an Illegal Firearms Business.--Section 924(a)(2) of title 18, United States Code is amended to read as follows: ``(2) Whoever-- ``(A) knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922; or ``(B) willfully violates section 922(a)(1), shall be fined under this title, imprisoned not more than 10 years, or both.''. (b) Sentencing Guidelines Increase for Certain Violations and Offenses.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide an appropriate enhancement for a violation of section 922(a)(1) of title 18, United States Code. The Commission shall promulgate the amendments provided for under this subsection as soon as is practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ``; but if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: ``(e) The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Secretary may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Secretary under this chapter. The Secretary's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. ``(2) If the Secretary denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, he shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Secretary shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(3) If after a hearing held under paragraph (2) the Secretary decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Secretary shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Secretary was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court.''. SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''.

Crackdown on Deadbeat Dealers Act of 2002 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times during any 12-month period. Increases penalties for: (1) willfully engaging in an illegal firearms business. And (2) in connection with the acquisition or attempted acquisition of a firearm or ammunition, knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines for violations related to illegal firearms and ammunition businesses. Authorizes the Secretary of the Treasury to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices . Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction .

To ensure greater accountability by licensed firearms dealers.

6,551

1,146

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Crackdown on Deadbeat Dealers Act of 2002". <SECTION-HEADER> FINDINGS. The Congress finds that a small number of licensed firearms dealers account for a large proportion of the firearms traced from crimes. In 1998, 1.2 percent of licensed firearms dealers 1,020 of the approximately 83,200 licensed retail firearms dealers and pawnbrokers accounted for over 57 percent of the crime guns traced to licensed firearms dealers. And in 1998, just over 450 licensed firearms dealers had traced to them 10 or more guns that were used in crimes within 3 years after they sold the guns. <SECTION-HEADER> INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking "once" and inserting "3 times". <SECTION-HEADER> INCREASING PENALTIES ON GUN KINGPINS. Increasing the Penalty for Engaging in an Illegal Firearms Business. Section 924(a)(2) of title 18, United States Code is amended to read as follows: Whoever knowingly violates subsection (a)(6), (d), (g), (h). (j), or (o) of section 922. Or willfully violates section 922(a)(1), shall be fined under this title, imprisoned not more than 10 years, or both.". Sentencing Guidelines Increase for Certain Violations and Offenses. Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide an appropriate enhancement for a violation of section 922(a)(1) of title 18, United States Code. The Commission shall promulgate the amendments provided for under this subsection as soon as is practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. <SECTION-HEADER> SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ". But if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both.". <SECTION-HEADER> SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees . The Secretary may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Secretary under this chapter. The Secretary's actions under this subsection may be reviewed only as provided in subsection (f). (1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. If the Secretary denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, he shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Secretary shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. If after a hearing held under paragraph (2) the Secretary decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Secretary shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Secretary was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court.". <SECTION-HEADER> TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking "until any conviction pursuant to the indictment becomes final" and inserting "until the date of any conviction pursuant to the indictment".

Crackdown on Deadbeat Dealers Act of 2002 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times during any 12-month period. Increases penalties for: (1) willfully engaging in an illegal firearms business. And (2) in connection with the acquisition or attempted acquisition of a firearm or ammunition, knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines for violations related to illegal firearms and ammunition businesses. Authorizes the Secretary of the Treasury to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices . Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction .

To ensure greater accountability by licensed firearms dealers.

105_hr4263

SECTION 1. SHORT TITLE. This Act may be cited as the ``Four Corners Interpretive Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Four Corners Monument is nationally significant as the only geographic location in the United States where 4 State boundaries meet; (2) the States with boundaries that meet at the Four Corners area are Arizona, Colorado, New Mexico, and Utah; (3) between 1868 and 1875 the boundary lines that created the Four Corners were drawn, and in 1899 a monument was erected at the site; (4) a United States postal stamp will be issued in 1999 to commemorate the centennial of the original boundary marker; (5) the Four Corners area is distinct in character and possesses important historical, cultural, and prehistoric values and resources within the surrounding cultural landscape; (6) although there are no permanent facilities or utilities at the Four Corners Monument Tribal Park, each year the park attracts approximately 250,000 visitors; (7) the area of the Four Corners Monument Tribal Park falls entirely within the Navajo Nation or Ute Mountain Ute Tribe reservations; (8) the Navajo Nation and the Ute Mountain Ute Tribe have entered into a Memorandum of Understanding governing the planning and future development of the Four Corners Monument Tribal Park; (9) in 1992, through agreements executed by the governors of Arizona, Colorado, New Mexico, and Utah, the Four Corners Heritage Council was established as a coalition of State, Federal, tribal, and private interests; (10) the State of Arizona has obligated $45,000 for planning efforts and $250,000 for construction of an interpretive center at the Four Corners Monument Tribal Park; (11) numerous studies and extensive consultation with American Indians have demonstrated that development at the Four Corners Monument Tribal Park would greatly benefit the people of the Navajo Nation and the Ute Mountain Ute Tribe; (12) the Arizona Department of Transportation has completed preliminary cost estimates that are based on field experience with rest-area development for the construction for a Four Corners Monument Interpretive Center and surrounding infrastructure, including restrooms, roadways, parking, water, electrical, telephone, and sewage facilities; (13) an interpretive center would provide important educational and enrichment opportunities for all Americans; and (14) Federal financial assistance and technical expertise are needed for the construction of an interpretive center. (b) Purposes.--The purposes of this Act are-- (1) to recognize the importance of the Four Corners Monument and surrounding landscape as a distinct area in the heritage of the United States that is worthy of interpretation and preservation; (2) to assist the Navajo Nation and the Ute Mountain Ute Tribe in establishing the Four Corners Interpretive Center and related facilities to meet the needs of the general public; (3) to highlight and showcase the collaborative resource stewardship of private individuals, Indian tribes, universities, federal agencies, and the governments of States and political subdivisions thereof (including counties); and (4) to promote knowledge of the life, art, culture, politics, and history of the culturally diverse groups of the Four Corners region. SEC. 3. DEFINITIONS. As used in this Act: (1) Center.--The term ``Center'' means the Four Corners Interpretive Center established under section 4, including restrooms, parking areas, vendor facilities, sidewalks, utilities, exhibits, and other visitor facilities. (2) Four corners heritage council.--The term ``Four Corners Heritage Council'' means the nonprofit coalition of Federal, State, and tribal entities established in 1992 by agreements of the Governors of the States of Arizona, Colorado, New Mexico, and Utah. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Recipient.--The term ``Recipient'' means the State of Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these states. (5) Four corners monument.--The term ``Four Corners Monument'' means the physical monument where the boundaries of the states of Arizona, Colorado, New Mexico and Utah meet. (6) Four corners monument tribal park.--The term ``Four Corners Monument Tribal Park'' means lands within the legally defined boundary of the Four Corners Monument Tribal Park. SEC. 4. FOUR CORNERS MONUMENT INTERPRETIVE CENTER. (a) Establishment.--Subject to the availability of appropriations, the Secretary is authorized to establish within the boundaries of the Four Corners Monument Tribal Park a center for the interpretation and commemoration of the Four Corners Monument, to be known as the ``Four Corners Interpretive Center''. (b) Land for the Center shall be designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe within the boundary of the Four Corners Monument Tribal Park in consultation with the Four Corners Heritage Council and in accordance with-- (1) the memorandum of understanding between the Navajo Nation and the Ute Mountain Ute Tribe that was entered into on October 22, 1996; and (2) applicable supplemental agreements with the Bureau of Land Management, the National Park Service, the United States Forest Service. (c) Concurrence.--Nothwithstanding any other provision of this act, no such center shall be established without the consent of the Navajo Nation and the Ute Mountain Ute Tribe. (d) Components of Center.--The Center shall include-- (1) a location for permanent and temporary exhibits depicting the archaeological, cultural, and natural heritage of the Four Corners region; (2) a venue for public education programs; (3) a location to highlight the importance of efforts to preserve southwestern archaeological sites and museum collections; (4) a location to provide information to the general public about cultural and natural resources, parks, museums, and travel in the Four Corners region; and (5) visitor amenities including restrooms, public telephones, and other basic facilities. SEC. 5. CONSTRUCTION GRANT. (a) Grant.--The Secretary is authorized to award a Federal grant to the recipient described in section 3(4) for up to 50 percent of the cost to construct the Center. To be eligible for the grant, the recipient shall provide assurances that-- (1) the non-Federal share of the costs of construction is paid from non-Federal sources. The non-Federal sources may include contributions made by States, private sources, the Navajo Nation and the Ute Mountain Ute Tribe for planning, design, construction, furnishing, startup, and operational expenses; (2) the aggregate amount of non-Federal funds contributed by the States used to carry out the activities specified in subparagraph (A) will not be less than $2,000,000, of which each of the states that is party to the grant will contribute equally in cash or in kind; (3) States may use private funds to meet the requirements of paragraph (2); and (4) the State of Arizona may apply $45,000 authorized by the State of Arizona during fiscal year 1998 for planning and $250,000 that is held in reserve by that State for construction towards the Arizona share. (b) Grant Requirements.--In order to receive a grant under this act, the recipient shall-- (1) submit to the Secretary a proposal that meets all applicable-- (A) laws, including building codes and regulations; (B) requirements under the Memorandum of Understanding described in paragraph (2) of this subsection; and (C) provides such information and assurances as the Secretary may require; (2) the recipient shall enter into a Memorandum of Understanding (MOU) with the Secretary providing-- (A) a timetable for completion of construction and opening of the Center; (B) assurances that design, architectural and construction contracts will be competitively awarded; (C) specifications meeting all applicable Federal, state, and local building codes and laws; (D) arrangements for operations and maintenance upon completion of construction; (E) a description of center collections and educational programming; (F) a plan for design of exhibits including, but not limited to, collections to be exhibited, security, preservation, protection, environmental controls, and presentations in accordance with professional museum standards; (G) an agreement with the Navajo Nation and the Ute Mountain Ute Tribe relative to site selection and public access to the facilities; and (H) a financing plan developed jointly by the Navajo Nation and the Ute Mountain Ute Tribe outlining the long-term management of the Center, including but not limited to-- (i) the acceptance and use of funds derived from public and private sources to minimize the use of appropriated or borrowed funds; (ii) the payment of the operating costs of the Center through the assessment of fees or other income generated by the Center; (iii) a strategy for achieving financial self-sufficiency with respect to the Center by not later than 5 years after the date of enactment of this Act; and (iv) defining appropriate vendor standards and business activities at the Four Corners Monument Tribal Park. SEC. 6. SELECTION OF GRANT RECIPIENT. The Secretary is authorized to award a grant in accordance with the provisions of this act. The Four Corners Heritage Council may make recommendations to the Secretary on grant proposals regarding the design of facilities at the Four Corners Monument Tribal Park. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. In General.-- (1) Authorizations.--There are authorized to be appropriated to carry out this act-- (A) $2,000,000 for fiscal year 1999; and (B) $50,000 for each of fiscal years 2000-2004 for maintenance and operation of the center, program development, or staffing in a manner consistent with the requirements of Section 5(b). (2) Carryover.--Any funds made available under this section that are unexpended at the end of the fiscal year for which those funds are appropriated may be used by the Secretary through fiscal year 2001 for the purposes for which those funds were made available. (3) Reservation of funds.--The Secretary may reserve funds appropriated pursuant to this act until a proposal meeting the requirements of this act is submitted, but no later than September 30, 2000. SEC. 8. DONATIONS. Notwithstanding any other provision of law, for purposes of the planning, construction, and operation of the Center, the Secretary may accept, retain, and expand donations of funds, and use property or services donated from private persons and entities or from public entities. SEC. 9. STATUTORY CONSTRUCTION. Nothing in this Act is intended to abrogate, modify, or impair any right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that is based on any law (including any treaty, Executive order, agreement, or Act of Congress).

Four Corners Interpretive Center Act - Authorizes the Secretary of the Interior to establish the Four Corners Interpretive Center within the boundaries of the Four Corners Monument Tribal Park using land designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe. Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient for up to 50 percent of the cost to construct the Center. Authorizes appropriations.

Four Corners Interpretive Center Act

13,151

464

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Four Corners Interpretive Center Act". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress finds that the Four Corners Monument is nationally significant as the only geographic location in the United States where 4 State boundaries meet. The States with boundaries that meet at the Four Corners area are Arizona, Colorado, New Mexico, and Utah. Between 1868 and 1875 the boundary lines that created the Four Corners were drawn, and in 1899 a monument was erected at the site. A United States postal stamp will be issued in 1999 to commemorate the centennial of the original boundary marker. The Four Corners area is distinct in character and possesses important historical, cultural, and prehistoric values and resources within the surrounding cultural landscape. Although there are no permanent facilities or utilities at the Four Corners Monument Tribal Park, each year the park attracts approximately 250,000 visitors. The area of the Four Corners Monument Tribal Park falls entirely within the Navajo Nation or Ute Mountain Ute Tribe reservations. The Navajo Nation and the Ute Mountain Ute Tribe have entered into a Memorandum of Understanding governing the planning and future development of the Four Corners Monument Tribal Park. In 1992, through agreements executed by the governors of Arizona, Colorado, New Mexico, and Utah, the Four Corners Heritage Council was established as a coalition of State, Federal, tribal, and private interests. The State of Arizona has obligated $45,000 for planning efforts and $250,000 for construction of an interpretive center at the Four Corners Monument Tribal Park. Numerous studies and extensive consultation with American Indians have demonstrated that development at the Four Corners Monument Tribal Park would greatly benefit the people of the Navajo Nation and the Ute Mountain Ute Tribe. The Arizona Department of Transportation has completed preliminary cost estimates that are based on field experience with rest-area development for the construction for a Four Corners Monument Interpretive Center and surrounding infrastructure, including restrooms, roadways, parking, water, electrical, telephone, and sewage facilities. An interpretive center would provide important educational and enrichment opportunities for all Americans. And Federal financial assistance and technical expertise are needed for the construction of an interpretive center. Purposes. The purposes of this Act are to recognize the importance of the Four Corners Monument and surrounding landscape as a distinct area in the heritage of the United States that is worthy of interpretation and preservation. To assist the Navajo Nation and the Ute Mountain Ute Tribe in establishing the Four Corners Interpretive Center and related facilities to meet the needs of the general public. To highlight and showcase the collaborative resource stewardship of private individuals, Indian tribes, universities, federal agencies, and the governments of States and political subdivisions thereof. And to promote knowledge of the life, art, culture, politics, and history of the culturally diverse groups of the Four Corners region. <SECTION-HEADER> DEFINITIONS. As used in this Act: Center. The term "Center" means the Four Corners Interpretive Center established under section 4, including restrooms, parking areas, vendor facilities, sidewalks, utilities, exhibits, and other visitor facilities. Four corners heritage council. The term "Four Corners Heritage Council" means the nonprofit coalition of Federal, State, and tribal entities established in 1992 by agreements of the Governors of the States of Arizona, Colorado, New Mexico, and Utah. Secretary. The term "Secretary" means the Secretary of the Interior. Recipient. The term "Recipient" means the State of Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of these states. Four corners monument. The term "Four Corners Monument" means the physical monument where the boundaries of the states of Arizona, Colorado, New Mexico and Utah meet. Four corners monument tribal park. The term "Four Corners Monument Tribal Park" means lands within the legally defined boundary of the Four Corners Monument Tribal Park. <SECTION-HEADER> FOUR CORNERS MONUMENT INTERPRETIVE CENTER. Establishment. Subject to the availability of appropriations, the Secretary is authorized to establish within the boundaries of the Four Corners Monument Tribal Park a center for the interpretation and commemoration of the Four Corners Monument, to be known as the "Four Corners Interpretive Center". Land for the Center shall be designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe within the boundary of the Four Corners Monument Tribal Park in consultation with the Four Corners Heritage Council and in accordance with the memorandum of understanding between the Navajo Nation and the Ute Mountain Ute Tribe that was entered into on October 22, 1996. And applicable supplemental agreements with the Bureau of Land Management, the National Park Service, the United States Forest Service. Concurrence. Nothwithstanding any other provision of this act, no such center shall be established without the consent of the Navajo Nation and the Ute Mountain Ute Tribe. Components of Center. The Center shall include a location for permanent and temporary exhibits depicting the archaeological, cultural, and natural heritage of the Four Corners region, a venue for public education programs. A location to highlight the importance of efforts to preserve southwestern archaeological sites and museum collections. A location to provide information to the general public about cultural and natural resources, parks, museums, and travel in the Four Corners region. And visitor amenities including restrooms, public telephones, and other basic facilities. <SECTION-HEADER> CONSTRUCTION GRANT. Grant. The Secretary is authorized to award a Federal grant to the recipient described in section 3(4) for up to 50 percent of the cost to construct the Center. To be eligible for the grant, the recipient shall provide assurances that the non-Federal share of the costs of construction is paid from non-Federal sources. The non-Federal sources may include contributions made by States, private sources, the Navajo Nation and the Ute Mountain Ute Tribe for planning, design, construction, furnishing, startup, and operational expenses. The aggregate amount of non-Federal funds contributed by the States used to carry out the activities specified in subparagraph (A) will not be less than $2,000,000, of which each of the states that is party to the grant will contribute equally in cash or in kind. States may use private funds to meet the requirements of paragraph (2). And the State of Arizona may apply $45,000 authorized by the State of Arizona during fiscal year 1998 for planning and $250,000 that is held in reserve by that State for construction towards the Arizona share. Grant Requirements. In order to receive a grant under this act, the recipient shall submit to the Secretary a proposal that meets all applicable laws, including building codes and regulations. Requirements under the Memorandum of Understanding described in paragraph (2) of this subsection. And provides such information and assurances as the Secretary may require. The recipient shall enter into a Memorandum of Understanding (MOU) with the Secretary providing a timetable for completion of construction and opening of the Center. Assurances that design, architectural and construction contracts will be competitively awarded. Specifications meeting all applicable Federal, state, and local building codes and laws, arrangements for operations and maintenance upon completion of construction, a description of center collections and educational programming. A plan for design of exhibits including, but not limited to, collections to be exhibited, security, preservation, protection, environmental controls, and presentations in accordance with professional museum standards. An agreement with the Navajo Nation and the Ute Mountain Ute Tribe relative to site selection and public access to the facilities. And a financing plan developed jointly by the Navajo Nation and the Ute Mountain Ute Tribe outlining the long-term management of the Center, including but not limited to the acceptance and use of funds derived from public and private sources to minimize the use of appropriated or borrowed funds. The payment of the operating costs of the Center through the assessment of fees or other income generated by the Center. A strategy for achieving financial self-sufficiency with respect to the Center by not later than 5 years after the date of enactment of this Act. And defining appropriate vendor standards and business activities at the Four Corners Monument Tribal Park. <SECTION-HEADER> SELECTION OF GRANT RECIPIENT. The Secretary is authorized to award a grant in accordance with the provisions of this act. The Four Corners Heritage Council may make recommendations to the Secretary on grant proposals regarding the design of facilities at the Four Corners Monument Tribal Park. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. In General. Authorizations. There are authorized to be appropriated to carry out this act $2,000,000 for fiscal year 1999. And $50,000 for each of fiscal years 2000-2004 for maintenance and operation of the center, program development, or staffing in a manner consistent with the requirements of Section 5(b). Carryover. Any funds made available under this section that are unexpended at the end of the fiscal year for which those funds are appropriated may be used by the Secretary through fiscal year 2001 for the purposes for which those funds were made available. Reservation of funds. The Secretary may reserve funds appropriated pursuant to this act until a proposal meeting the requirements of this act is submitted, but no later than September 30, 2000. <SECTION-HEADER> DONATIONS. Notwithstanding any other provision of law, for purposes of the planning, construction, and operation of the Center, the Secretary may accept, retain, and expand donations of funds, and use property or services donated from private persons and entities or from public entities. <SECTION-HEADER> STATUTORY CONSTRUCTION. Nothing in this Act is intended to abrogate, modify, or impair any right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that is based on any law .

Four Corners Interpretive Center Act - Authorizes the Secretary of the Interior to establish the Four Corners Interpretive Center within the boundaries of the Four Corners Monument Tribal Park using land designated and made available by the Navajo Nation or the Ute Mountain Ute Tribe. Authorizes the Secretary, under specified conditions, to award a Federal grant to a recipient for up to 50 percent of the cost to construct the Center. Authorizes appropriations.

Four Corners Interpretive Center Act

107_s2560

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease State Support Act of 2002''. SEC. 2. DEFINITION OF CHRONIC WASTING DISEASE. In this Act, the term ``chronic wasting disease'' means the animal disease afflicting deer and elk that-- (1) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and (2) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. SEC. 3. FINDINGS. Congress finds the following: (1) Pursuant to State and Federal law, the States retain undisputed primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. (2) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing, managing, and eradicating this lethal disease. (3) As the States move to manage existing incidence of chronic wasting disease and insulate non-infected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States. (4) In its statutory role as supporting agent, relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, and local land management jurisdictions. (5) The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities. TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES SEC. 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID POPULATIONS. (a) Modeling Program Required.--The Secretary of the Interior shall establish a modeling program to predict the spread of chronic wasting disease in wild deer and elk in the United States. (b) Role.--Computer modeling shall be used to identify areas of potential disease concentration and future outbreak and shall be made available for the purposes of targeting public and private chronic wasting disease control efforts. (c) Data Integration.--Information shall be displayed in a GIS format to support management use of modeling results, and shall be displayed integrated with the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Environmental conditions data. (5) Wildlife data. (6) Other data as appropriate. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $1,000,000 under this section. SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. (a) Program Development.--Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall conduct a surveillance and monitoring program on Federal lands managed by the Secretary to identify-- (1) the incidence of chronic wasting disease infection in wild herds of deer and elk; (2) the cause and extent of the spread of the disease; and (3) potential reservoirs of infection and vectors promoting the spread of the disease. (b) Tribal Assistance.--In developing the surveillance and monitoring program for wild herds on Federal lands, the Secretary of the Interior shall provide assistance to tribal governments or tribal government entities responsible for managing and controlling chronic wasting disease in wildlife on tribal lands. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to establish and support the surveillance and monitoring program. TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES SEC. 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING DISEASE. (a) Information Repository.--The United States Department of Agriculture, using existing authorities, shall develop and maintain an interactive, Internet-based web site that displays-- (1) surveillance and monitoring program data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that are collected by the Department of Agriculture, the Department of the Interior, other Federal agencies, and State agencies assisted under this Act; (2) modeling information regarding the spread of chronic wasting disease in the United States; and (3) other relevant information regarding chronic wasting disease received from other sources. (b) Information Sharing Policy.--The national repository shall be available as a resource for Federal and State agencies responsible for managing and controlling chronic wasting disease and for institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease. Data from the repository shall be made available to other Federal agencies, State agencies and the general public upon request. SEC. 202. SAMPLING AND TESTING PROTOCOLS. (a) Sampling Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release guidelines for the use by Federal, State, tribal and local agencies for the collection of animal tissue to be tested for chronic wasting disease. Guidelines shall include, at a minimum, procedures for the collection and stabilization of tissue samples for transport for laboratory assessment. Such guidelines shall be updated as necessary. (b) Testing Protocol.--Within 30 days of enactment of this Act, the Secretary of Agriculture shall release a protocol to be used in the laboratory assessment of samples of animal tissue that may be contaminated with chronic wasting disease. (c) Laboratory Certification.--Within 45 days of enactment of this Act, the Secretary of Agriculture shall develop a program for the inspection and certification of Federal and non-Federal laboratories conducting chronic wasting disease tests. (d) Development of New Tests.--The Secretary of Agriculture shall accelerate research into the development of live animal tests for chronic wasting disease, including field diagnostic tests, and the development of testing protocols that reduce laboratory test processing time. SEC. 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND ELK. (a) Captive Herd Program Development.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a program to identify the rate of chronic wasting disease infection in captive herds of deer and elk, the cause and extent of the spread of the disease, and potential reservoirs of infection and vectors promoting the spread of the disease. (1) Implementation.--The Secretary of Agriculture shall provide financial and technical assistance to States and tribal governments to implement surveillance and monitoring program for captive herds. (2) Cooperation.--In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State agencies responsible for managing and controlling chronic wasting disease in captive wildlife. Grantees under this section shall submit to the Secretary of Agriculture a plan for monitoring chronic wasting disease in captive wildlife and reducing the risk of disease spread through captive wildlife transport. As a condition of awarding aid under this section, the Secretary of Agriculture may prohibit or restrict the-- (A) movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease; and (B) use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. (3) Coordination.--The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. (b) Wild Herd Program.--The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall, consistent with existing authority, assist States in reducing the incidence of chronic wasting disease infection in wild herds of deer and elk. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $2,000,000 to conduct activities under this section. SEC. 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. (a) Purpose.--Diagnostic testing will continue to be conducted on samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the States and the Federal Government, including the programs required by this Act, but current laboratory capacity is inadequate to process the anticipated sample load. (b) Upgrading of Federal Facilities.--The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by this Act and related epidemiological investigation in response to the results of such processing. (c) Upgrading of Certified Laboratories.--Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories certified by the Secretary to facilitate the timely processing of samples from surveillance and monitoring programs and related epidemiological investigation in response to the results of such processing. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $7,500,000 to carry out this section. SEC. 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. (a) Expansion.--The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate basic research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out this section. SEC. 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION. (a) Research Efforts.--The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall expand the grant program regarding research on chronic wasting disease. (b) Educational Efforts.--The Secretary of Agriculture shall provide educational outreach regarding chronic wasting disease to the general public, industry and conservation organizations, hunters, and interested scientific and regulatory communities. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Agriculture-- (1) $3,000,000 to carry out subsection (a); and (2) $1,000,000 to carry out subsection (b). TITLE III--GENERAL PROVISIONS SEC. 301. INTERAGENCY COORDINATION. (a) In General.--Within 60 days of enactment after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, shall enter into a cooperative agreement for the purpose of coordinating actions and disbursing funds authorized under section 302 of this title to prevent the spread of chronic wasting disease and related diseases in the United States. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) describes actions that are being taken, and will be taken, to prevent the further outbreak of chronic wasting disease and related diseases in the United States; and (2) contains any additional recommendations for additional legislative and regulatory actions that should be taken to prevent the spread of chronic wasting disease in the United States. SEC. 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE CHRONIC WASTING DISEASE IN WILDLIFE. (a) Availability of Assistance.--As a condition of the cooperative agreement described in section 301, the Secretary of Agriculture and the Secretary of the Interior shall develop a grant program to allocate funds appropriated to carry out this section directly to the State agency responsible for wildlife management in each State that petitions the Secretary for a portion of such fund to develop and implement long term management strategies to address chronic wasting disease in wildlife. (b) Funding Priorities.--In determining the amounts to be allocated to grantees under subsection (a), priority shall be given based on the following criteria: (1) Relative scope of incidence of chronic wasting disease in the State, with priority given to those jurisdictions with the highest incidence of the disease. (2) Expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and tribal governments that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. (3) Comprehensive and integrated policies and programs focused on chronic wasting disease management between involved State wildlife and agricultural agencies and tribal governments, with priority given to grantees that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. (4) Rapid response to new outbreaks of chronic wasting disease, whether occurring in States in which chronic wasting disease is already found or States with first infections, with the intent of containing the disease in any new area of infection. (c) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 to carry out this subsection. SEC. 303. RULEMAKING. (a) Joint Rulemaking.--To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 201, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. (b) Procedure.--The promulgation of the rules shall be made without regard to-- (1) chapter 35 of title 44, United States Code 13 (commonly know as the ``Paperwork Reduction Act''); (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) the notice and comment provisions of section 553 of title 5, United States Code. (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. (d) Relation to Other Rulemaking and Law.--The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or to effect any other rule or public law implemented by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease before the date of the enactment of this Act.

Chronic Wasting Disease State Support Act of 2002 - Defines chronic wasting disease as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease. Directs the Secretary of the Interior to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information. Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples. (2) a protocol to be used in the assessment of samples in the laboratory. And (3) a program for the inspection of laboratories conducting chronic wasting disease tests. Directs the Secretary of Agriculture to develop a program to identify: (1) the rate of infection in captive herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs.. And (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program. Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.

A bill to provide for a multi-agency cooperative effort to encourage further research regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support State efforts to control the disease, and for other purposes.

17,993

1,726

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Chronic Wasting Disease State Support Act of 2002". <SECTION-HEADER> DEFINITION OF CHRONIC WASTING DISEASE. In this Act, the term "chronic wasting disease" means the animal disease afflicting deer and elk that is a transmissible disease of the nervous system resulting in distinctive lesions in the brain. And belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. <SECTION-HEADER> FINDINGS. Congress finds the following: Pursuant to State and Federal law, the States retain undisputed primacy and policy-making authority with regard to wildlife management, and nothing in this Act interferes with or otherwise affects the primacy of the States in managing wildlife generally, or managing, surveying, and monitoring the incidence of chronic wasting disease. Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent months necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing, managing, and eradicating this lethal disease. As the States move to manage existing incidence of chronic wasting disease and insulate non-infected wild and captive cervid populations from the disease, the Federal Government should endeavor to provide integrated and holistic financial and technical support to these States. In its statutory role as supporting agent, relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as chronic wasting disease can move freely between captive and wild cervids across the broad array of Federal, State, and local land management jurisdictions. The Secretary of the Interior, the Secretary of Agriculture, and other affected Federal authorities can provide consistent, coherent, and integrated support systems under existing legal authorities. TITLE I DEPARTMENT OF THE INTERIOR ACTIVITIES Section 101. COMPUTER MODELING OF DISEASE SPREAD IN WILD CERVID POPULATIONS. Modeling Program Required. The Secretary of the Interior shall establish a modeling program to predict the spread of chronic wasting disease in wild deer and elk in the United States. Role. Computer modeling shall be used to identify areas of potential disease concentration and future outbreak and shall be made available for the purposes of targeting public and private chronic wasting disease control efforts. Data Integration. Information shall be displayed in a GIS format to support management use of modeling results, and shall be displayed integrated with the following: Land use data. Soils data. Elevation data. Environmental conditions data. Wildlife data. Other data as appropriate. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of the Interior $1,000,000 under this section. Section 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK. Program Development. Using existing authorities, the Secretary of the Interior, acting through the United States Geological Survey, shall conduct a surveillance and monitoring program on Federal lands managed by the Secretary to identify the incidence of chronic wasting disease infection in wild herds of deer and elk, the cause and extent of the spread of the disease. And potential reservoirs of infection and vectors promoting the spread of the disease. Tribal Assistance. In developing the surveillance and monitoring program for wild herds on Federal lands, the Secretary of the Interior shall provide assistance to tribal governments or tribal government entities responsible for managing and controlling chronic wasting disease in wildlife on tribal lands. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of the Interior $3,000,000 to establish and support the surveillance and monitoring program. TITLE II DEPARTMENT OF AGRICULTURE ACTIVITIES Section 201. NATIONAL REPOSITORY OF INFORMATION REGARDING CHRONIC WASTING DISEASE. Information Repository. The United States Department of Agriculture, using existing authorities, shall develop and maintain an interactive, Internet-based web site that displays surveillance and monitoring program data regarding chronic wasting disease in both wild and captive cervid populations and other wildlife that are collected by the Department of Agriculture, the Department of the Interior, other Federal agencies, and State agencies assisted under this Act. Modeling information regarding the spread of chronic wasting disease in the United States. And other relevant information regarding chronic wasting disease received from other sources. Information Sharing Policy. The national repository shall be available as a resource for Federal and State agencies responsible for managing and controlling chronic wasting disease and for institutions of higher education and other public or private research entities conducting research regarding chronic wasting disease. Data from the repository shall be made available to other Federal agencies, State agencies and the general public upon request. Section 202. SAMPLING AND TESTING PROTOCOLS. Sampling Protocol. Within 30 days of enactment of this Act, the Secretary of Agriculture shall release guidelines for the use by Federal, State, tribal and local agencies for the collection of animal tissue to be tested for chronic wasting disease. Guidelines shall include, at a minimum, procedures for the collection and stabilization of tissue samples for transport for laboratory assessment. Such guidelines shall be updated as necessary. Testing Protocol. Within 30 days of enactment of this Act, the Secretary of Agriculture shall release a protocol to be used in the laboratory assessment of samples of animal tissue that may be contaminated with chronic wasting disease. Laboratory Certification. Within 45 days of enactment of this Act, the Secretary of Agriculture shall develop a program for the inspection and certification of Federal and non-Federal laboratories conducting chronic wasting disease tests. Development of New Tests. The Secretary of Agriculture shall accelerate research into the development of live animal tests for chronic wasting disease, including field diagnostic tests, and the development of testing protocols that reduce laboratory test processing time. Section 203. ERADICATION OF CHRONIC WASTING DISEASE IN HERDS OF DEER AND ELK. Captive Herd Program Development. The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall develop a program to identify the rate of chronic wasting disease infection in captive herds of deer and elk, the cause and extent of the spread of the disease, and potential reservoirs of infection and vectors promoting the spread of the disease. Implementation. The Secretary of Agriculture shall provide financial and technical assistance to States and tribal governments to implement surveillance and monitoring program for captive herds. Cooperation. In developing the surveillance and monitoring program for captive herds, the Secretary of Agriculture shall cooperate with State agencies responsible for managing and controlling chronic wasting disease in captive wildlife. Grantees under this section shall submit to the Secretary of Agriculture a plan for monitoring chronic wasting disease in captive wildlife and reducing the risk of disease spread through captive wildlife transport. As a condition of awarding aid under this section, the Secretary of Agriculture may prohibit or restrict the movement in interstate commerce of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. And use of any means of conveyance or facility in connection with the movement in interstate commerce of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction or dissemination of chronic wasting disease. Coordination. The Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall establish uniform standards for the collection and assessment of samples and data derived from the surveillance and monitoring program. Wild Herd Program. The Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall, consistent with existing authority, assist States in reducing the incidence of chronic wasting disease infection in wild herds of deer and elk. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $2,000,000 to conduct activities under this section. Section 204. EXPANSION OF DIAGNOSTIC TESTING CAPACITY. Purpose. Diagnostic testing will continue to be conducted on samples collected under the surveillance and monitoring programs regarding chronic wasting disease conducted by the States and the Federal Government, including the programs required by this Act, but current laboratory capacity is inadequate to process the anticipated sample load. Upgrading of Federal Facilities. The Secretary of Agriculture shall provide for the upgrading of Federal laboratories to facilitate the timely processing of samples from the surveillance and monitoring programs required by this Act and related epidemiological investigation in response to the results of such processing. Upgrading of Certified Laboratories. Using the grant authority provided under section 2(d) of the Competitive, Special and Facilities Research Grant Act (7 USC. 450i(d)), the Secretary of Agriculture shall make grants to provide for the upgrading of laboratories certified by the Secretary to facilitate the timely processing of samples from surveillance and monitoring programs and related epidemiological investigation in response to the results of such processing. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $7,500,000 to carry out this section. Section 205. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH. Expansion. The Secretary of Agriculture, acting through the Agricultural Research Service, shall expand and accelerate basic research on chronic wasting disease, including research regarding detection of chronic wasting disease, genetic resistance, tissue studies, and environmental studies. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $1,000,000 to carry out this section. Section 206. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION. Research Efforts. The Secretary of Agriculture, acting through the Cooperative State Research, Education and Extension Service, shall expand the grant program regarding research on chronic wasting disease. Educational Efforts. The Secretary of Agriculture shall provide educational outreach regarding chronic wasting disease to the general public, industry and conservation organizations, hunters, and interested scientific and regulatory communities. Authorization of Appropriations. There are authorized to be appropriated to the Secretary of Agriculture $3,000,000 to carry out subsection (a). And $1,000,000 to carry out subsection (b). TITLE III GENERAL PROVISIONS Section 301. INTERAGENCY COORDINATION. In General. Within 60 days of enactment after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, shall enter into a cooperative agreement for the purpose of coordinating actions and disbursing funds authorized under section 302 of this title to prevent the spread of chronic wasting disease and related diseases in the United States. Report. Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a report that describes actions that are being taken, and will be taken, to prevent the further outbreak of chronic wasting disease and related diseases in the United States. And contains any additional recommendations for additional legislative and regulatory actions that should be taken to prevent the spread of chronic wasting disease in the United States. Section 302. INTERAGENCY GRANTS FOR STATE AND TRIBAL EFFORTS TO MANAGE CHRONIC WASTING DISEASE IN WILDLIFE. Availability of Assistance. As a condition of the cooperative agreement described in section 301, the Secretary of Agriculture and the Secretary of the Interior shall develop a grant program to allocate funds appropriated to carry out this section directly to the State agency responsible for wildlife management in each State that petitions the Secretary for a portion of such fund to develop and implement long term management strategies to address chronic wasting disease in wildlife. Funding Priorities. In determining the amounts to be allocated to grantees under subsection (a), priority shall be given based on the following criteria: Relative scope of incidence of chronic wasting disease in the State, with priority given to those jurisdictions with the highest incidence of the disease. Expenditures on chronic wasting disease management, monitoring, surveillance, and research, with priority given to those States and tribal governments that have shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease. Comprehensive and integrated policies and programs focused on chronic wasting disease management between involved State wildlife and agricultural agencies and tribal governments, with priority given to grantees that have integrated the programs and policies of all involved agencies related to chronic wasting disease management. Rapid response to new outbreaks of chronic wasting disease, whether occurring in States in which chronic wasting disease is already found or States with first infections, with the intent of containing the disease in any new area of infection. Authorization of Appropriations. There are authorized to be appropriated $10,000,000 to carry out this subsection. Section 303. RULEMAKING. Joint Rulemaking. To ensure that the surveillance and monitoring programs and research programs required by this Act are compatible and that information collection is carried out in a manner suitable for inclusion in the national database required by section 201, the Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate rules to implement this Act. Procedure. The promulgation of the rules shall be made without regard to chapter 35 of title 44, United States Code 13. The Statement of Policy of the Secretary of Agriculture effective July 24, 1971 , relating to notices of proposed rulemaking and public participation in rulemaking. And the notice and comment provisions of section 553 of title 5, United States Code. Congressional Review of Agency Rulemaking. In carrying out this section, the Secretary of the Interior and the Secretary of Agriculture shall use the authority provided under section 808 of title 5, United States Code. Relation to Other Rulemaking and Law. The requirement for joint rulemaking shall not be construed to require any delay in the promulgation by the Secretary of Agriculture of rules regarding the interstate transportation of captive deer or elk or to effect any other rule or public law implemented by the Secretary of Agriculture or the Secretary of the Interior regarding chronic wasting disease before the date of the enactment of this Act.

Chronic Wasting Disease State Support Act of 2002 - Defines chronic wasting disease as a transmissible disease of the nervous system afflicting deer and elk. Directs the Secretary of the Interior to establish a modeling program to predict the spread of the disease. Directs the Secretary of the Interior to conduct a surveillance and monitoring program on Federal lands to identify: (1) the rate of infection in wild herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture to develop and maintain a web site that displays surveillance and monitoring program data and modeling information. Directs the Secretary of Agriculture to develop: (1) guidelines for the collection of animal tissue samples. (2) a protocol to be used in the assessment of samples in the laboratory. And (3) a program for the inspection of laboratories conducting chronic wasting disease tests. Directs the Secretary of Agriculture to develop a program to identify: (1) the rate of infection in captive herds of deer and elk. (2) the cause and extent of the spread of the disease. And (3) areas promoting the disease. Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs. And (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant program. Requires the Secretaries to enter a cooperative agreement and develop a grant program to allocate funds to State agencies responsible for wildlife management to develop and implement long term strategies to address the disease.

A bill to provide for a multi-agency cooperative effort to encourage further research regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support State efforts to control the disease, and for other purposes.

114_hr2237

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Veterans Exposed to Burn Pits Act''. SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS RELATING TO EXPOSURE TO BURN PITS AND OTHER ENVIRONMENTAL EXPOSURES. (a) Establishment.--The Secretary of Veterans Affairs shall establish within the Department of Veterans Affairs a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures to carry out the responsibilities specified in subsection (d). Such center shall be established using-- (1) the directives, policies, and Comptroller General and Inspector General recommendations in effect as of the date of the enactment of this Act; and (2) guidance issued pursuant to section 313 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112- 239; 126 Stat. 1692; 10 U.S.C. 1074 note). (b) Selection of Sites.--In selecting the site for the center of excellence established under subsection (a), the Secretary of Veterans Affairs shall consider entities that-- (1) are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to burn pits and other environmental exposures; (2) have a publication track record of post-deployment health exposures among veterans who served in the Armed Forces in support of Operation Iraqi Freedom and Operation Enduring Freedom; (3) have collaborated with a geosciences department that has a medical geology division; (4) have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of Operation Iraqi Freedom and Operation Enduring Freedom; and (5) have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. (c) Collaboration.--The Secretary shall ensure that the center of excellence collaborates, to the maximum extent practicable, with the Secretary of Defense, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (d). (d) Responsibilities.--The center of excellence shall have the following responsibilities: (1) To provide for the development, testing, and dissemination within the Department of Veterans Affairs of best practices for the treatment of health conditions relating to exposure to burn pits and other environmental exposures. (2) To provide guidance for the health system of the Department of Veterans Affairs and the Department of Defense in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with health conditions relating to exposure to burn pits and other environmental exposures. (3) To establish, implement, and oversee a comprehensive program to train health professionals of the Department of Veterans Affairs and the Department of Defense in the treatment of health conditions relating to exposure to burn pits and other environmental exposures. (4) To facilitate advancements in the study of the short- term and long-term effects of exposure to burn pits and other environmental exposures. (5) To disseminate within the military medical treatment facilities of the Department of Veterans Affairs best practices for training health professionals with respect to health conditions relating to exposure to burn pits and other environmental exposures. (6) To conduct basic science and translational research on health conditions relating to exposure to burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. (7) To provide medical treatment to all veterans identified as part of the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (e) Use of Burn Pits Registry Data.--In carrying out its responsibilities under subsection (d), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (f) Definitions.--In this section: (1) The term ``burn pit'' means an area of land located in Afghanistan or Iraq that-- (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (2) The term ``other environmental exposures'' means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2016 through 2021.

Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure. Have a publication track record of post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom. Have collaborated with a geosciences department that has a medical geology division. Have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such Operations. And have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals. Provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions. Establish, implement, and oversee a comprehensive program to train VA and DOD health professionals in the treatment of such conditions. Facilitate advancements in the study of the short-term and long-term effects of such exposure. Conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. And provide medical treatment to all veterans identified as part of the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012. The center shall have access to and make use of the data accumulated by such registry.

Helping Veterans Exposed to Burn Pits Act

6,121

2,251

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Helping Veterans Exposed to Burn Pits Act". <SECTION-HEADER> CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS RELATING TO EXPOSURE TO BURN PITS AND OTHER ENVIRONMENTAL EXPOSURES. Establishment. The Secretary of Veterans Affairs shall establish within the Department of Veterans Affairs a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures to carry out the responsibilities specified in subsection (d). Such center shall be established using the directives, policies, and Comptroller General and Inspector General recommendations in effect as of the date of the enactment of this Act. And guidance issued pursuant to section 313 of the National Defense Authorization Act for Fiscal Year 2013 . Selection of Sites. In selecting the site for the center of excellence established under subsection (a), the Secretary of Veterans Affairs shall consider entities that are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to burn pits and other environmental exposures. Have a publication track record of post-deployment health exposures among veterans who served in the Armed Forces in support of Operation Iraqi Freedom and Operation Enduring Freedom. Have collaborated with a geosciences department that has a medical geology division. Have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of Operation Iraqi Freedom and Operation Enduring Freedom. And have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. Collaboration. The Secretary shall ensure that the center of excellence collaborates, to the maximum extent practicable, with the Secretary of Defense, institutions of higher education, and other appropriate public and private entities to carry out the responsibilities specified in subsection . Responsibilities. The center of excellence shall have the following responsibilities: To provide for the development, testing, and dissemination within the Department of Veterans Affairs of best practices for the treatment of health conditions relating to exposure to burn pits and other environmental exposures. To provide guidance for the health system of the Department of Veterans Affairs and the Department of Defense in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with health conditions relating to exposure to burn pits and other environmental exposures. To establish, implement, and oversee a comprehensive program to train health professionals of the Department of Veterans Affairs and the Department of Defense in the treatment of health conditions relating to exposure to burn pits and other environmental exposures. To facilitate advancements in the study of the short- term and long-term effects of exposure to burn pits and other environmental exposures. To disseminate within the military medical treatment facilities of the Department of Veterans Affairs best practices for training health professionals with respect to health conditions relating to exposure to burn pits and other environmental exposures. To conduct basic science and translational research on health conditions relating to exposure to burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. To provide medical treatment to all veterans identified as part of the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 . Use of Burn Pits Registry Data. In carrying out its responsibilities under subsection (d), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 . Definitions. In this section: The term "burn pit" means an area of land located in Afghanistan or Iraq that is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air. And does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. The term "other environmental exposures" means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions. Authorization of Appropriations. There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2016 through 2021.

Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure. Have a publication track record of post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom. Have collaborated with a geosciences department that has a medical geology division. Have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such Operations. And have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals. Provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions. Establish, implement, and oversee a comprehensive program to train VA and DOD health professionals in the treatment of such conditions. Facilitate advancements in the study of the short-term and long-term effects of such exposure. Conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. And provide medical treatment to all veterans identified as part of the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012. The center shall have access to and make use of the data accumulated by such registry.

Helping Veterans Exposed to Burn Pits Act

111_hr4422

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Entrepreneurship and Business Development Act''. SEC. 2. MINORITY ENTREPRENEURSHIP AND BUSINESS ENTREPRISE CENTER GRANT PROGRAM. (a) In General.--The Director may make grants to an eligible educational institution or an eligible association or organization-- (1) to assist in establishing an entrepreneurship curriculum for studies; and (2) for placement of a Minority Business Entreprise Center within the educational institution, association, or organization. (b) Use of Funds.-- (1) Curriculum and capacity training requirement.--An eligible educational institution, association, or organization receiving a grant under this section shall develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs, including-- (A) business management and marketing, financial management and accounting, marketing analysis and competitive analysis, and innovation and strategic planning; and (B) additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. (2) Minority business enterprise center requirement.--Each eligible educational institution, association or organization receiving a grant under this section shall open a Minority Business Enterprise Center that follows the duties as prescibed by the Director of the Minority Business Development Agency. (c) Grant Awards.-- (1) In general.--The Director may not award a grant under this section to a single eligible educational institution, association or organization-- (A) in excess of $1,500,000 in any fiscal year; or (B) for a term of more than 3 years. (2) Limitation on use of funds.--Funds made available under this section may not be used for-- (A) any purpose other than those associated with the direct costs incurred by the eligible educational institution, association or organization to-- (i) develop and implement the curriculum described in subsection (b)(1); or (ii) organize and operate a minority business enterprise center, as described subsection (b)(2); or (B) building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). (d) Matching Requirement.--Grants made under this Act shall require a private matching grant of 15 percent. (e) Report.-- (1) In general.--Not later than 120 days following the end of the fiscal year of each year in which funds are made available for grants under this section, the Director shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. (2) Contents of report.--Each report under paragraph (1) shall include-- (A) a description of each entrepreneurship program developed with grant funds, the date of the award, and the number of participants in each such program; (B) the number of small business assisted through the minority business enterprise center with grant funds; and (C) data regarding the economic impact of minority business enterprise center with grant funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2010 through 2012, to remain available until expended. (g) Limitation on Use of Funds.--The Director shall carry out this section only with amounts appropriated in advance specifically to carry out this section. SEC. 3. OFFICE OF MINORITY ENTREPRENEURSHIP AND BUSINESS DEVELOPMENT. (a) Office of Minority Entrepreneurship and Business Development.-- There is established in the Minority Business Development Agency an Office of Minority Entrepreneurship and Business Development, which shall be administered by an Associate Director for Minority Entrepreneurship and Business Development appointed under section 3(b)(1) (in this section referred to as the ``Associate Director''). (b) Associate Director for Minority Entrepreneurship and Business Development.--The Associate Director shall-- (1) be-- (A) an appointee in the Senior Executive Service who is a career appointee; or (B) an employee in the competitive service; (2) increase the proportion of counseling and training that goes to minority start-ups and the Agency's entrepreneurial development programs; (3) increase the proportion of the Agency's contracts to minority entrepreneur and new businesses; (4) work with the partners of the Agency, trade associations, and business groups to identify and carry out policies and procedures to more effectively market the resources of the Agency to new and small minority-owned businesses; (5) ensure that the Agency's district offices and regional offices have adequate staff, funding, and other resources to market the grant program to newly formed and emerging minority- owned businesses and eligible institutions of higher education; (6) report to and be responsible directly to the Director. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $7,000,000 for fiscal year 2010; (2) $7,000,000 for fiscal year 2011; and (3) $7,000,000 for fiscal year 2012. SEC. 4. DEFINITIONS. In this Act-- (1) the terms ``Agency'' and ``Director'' mean the Minority Small Business Development Agency and the Director thereof, respectively; (2) the term ``eligible association or organization'' means an association or organization that-- (A) is-- (i) a minority business association described under paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) a foundation of minority business associations described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; and (B) has been in existence for at least the 5-year period before the date of awarding a grant under section 2; (3) the term ``eligible educational institution'' means an institution that is-- (A) a public or private institution of higher education (including any land-grant college or university, any college or school of business, engineering, commerce, or agriculture, or community college or junior college) or any entity formed by 2 or more institutions of higher education; and (B) a-- (i) historically Black college; (ii) Hispanic-serving institution; (iii) Asian-serving institution; (iv) Native Hawaiian-serving institution; or (v) tribal college; (4) the term ``historically Black college'' means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (5) the term ``Hispanic-serving institution'' has the meaning given that term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (6) the term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (7) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); and (8) the term ``tribal college'' has the same meaning as the term ``tribally controlled college or university'' under section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)(4)).

Minority Entrepreneurship and Business Development Act - Requires the Director of the Minority Small Business Development Agency (Agency) to make grants to an educational institution, association, or organization: (1) to assist in establishing an enterprise curriculum for studies. And (2) for placement of a Minority Business Enterprise Center within such institution, association, or organization. Requires an entity receiving a grant to: (1) develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs. And (2) open such a Center. Limits grants to $1.5 million per fiscal year, and grant duration to three years. Establishes within the Agency an Office of Minority Entrepreneurship and Business Development, administered by an Associate Director.

To establish the Minority Entrepreneurship and Business Development Program, and for other purposes.

9,510

824

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Minority Entrepreneurship and Business Development Act". <SECTION-HEADER> MINORITY ENTREPRENEURSHIP AND BUSINESS ENTREPRISE CENTER GRANT PROGRAM. In General. The Director may make grants to an eligible educational institution or an eligible association or organization to assist in establishing an entrepreneurship curriculum for studies. And for placement of a Minority Business Entreprise Center within the educational institution, association, or organization. Use of Funds. Curriculum and capacity training requirement. An eligible educational institution, association, or organization receiving a grant under this section shall develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs, including business management and marketing, financial management and accounting, marketing analysis and competitive analysis, and innovation and strategic planning. And additional entrepreneurial skill sets specific to the needs of the student population and the surrounding community, as determined by the institution. Minority business enterprise center requirement. Each eligible educational institution, association or organization receiving a grant under this section shall open a Minority Business Enterprise Center that follows the duties as prescibed by the Director of the Minority Business Development Agency. Grant Awards. In general. The Director may not award a grant under this section to a single eligible educational institution, association or organization in excess of $1,500,000 in any fiscal year. Or for a term of more than 3 years. Limitation on use of funds. Funds made available under this section may not be used for any purpose other than those associated with the direct costs incurred by the eligible educational institution, association or organization to develop and implement the curriculum described in subsection (b)(1). Or organize and operate a minority business enterprise center, as described subsection (b)(2). Or building expenses, administrative travel budgets, or other expenses not directly related to the costs described in subparagraph (A). Matching Requirement. Grants made under this Act shall require a private matching grant of 15 percent. Report. In general. Not later than 120 days following the end of the fiscal year of each year in which funds are made available for grants under this section, the Director shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, a report evaluating the success of the program under this section during the preceding fiscal year. Contents of report. Each report under paragraph (1) shall include a description of each entrepreneurship program developed with grant funds, the date of the award, and the number of participants in each such program. The number of small business assisted through the minority business enterprise center with grant funds. And data regarding the economic impact of minority business enterprise center with grant funds. Authorization of Appropriations. There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2010 through 2012, to remain available until expended. Limitation on Use of Funds. The Director shall carry out this section only with amounts appropriated in advance specifically to carry out this section. <SECTION-HEADER> OFFICE OF MINORITY ENTREPRENEURSHIP AND BUSINESS DEVELOPMENT. Office of Minority Entrepreneurship and Business Development. There is established in the Minority Business Development Agency an Office of Minority Entrepreneurship and Business Development, which shall be administered by an Associate Director for Minority Entrepreneurship and Business Development appointed under section 3(b)(1) . Associate Director for Minority Entrepreneurship and Business Development. The Associate Director shall be an appointee in the Senior Executive Service who is a career appointee, or an employee in the competitive service. Increase the proportion of counseling and training that goes to minority start-ups and the Agency's entrepreneurial development programs. Increase the proportion of the Agency's contracts to minority entrepreneur and new businesses. Work with the partners of the Agency, trade associations, and business groups to identify and carry out policies and procedures to more effectively market the resources of the Agency to new and small minority-owned businesses. Ensure that the Agency's district offices and regional offices have adequate staff, funding, and other resources to market the grant program to newly formed and emerging minority- owned businesses and eligible institutions of higher education. Report to and be responsible directly to the Director. Authorization of Appropriations. There are authorized to be appropriated to carry out this section $7,000,000 for fiscal year 2010, $7,000,000 for fiscal year 2011. And $7,000,000 for fiscal year 2012. <SECTION-HEADER> DEFINITIONS. In this Act the terms "Agency" and "Director" mean the Minority Small Business Development Agency and the Director thereof, respectively. The term "eligible association or organization" means an association or organization that is a minority business association described under paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. Or a foundation of minority business associations described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. And has been in existence for at least the 5-year period before the date of awarding a grant under section 2. The term "eligible educational institution" means an institution that is a public or private institution of higher education or any entity formed by 2 or more institutions of higher education, and a historically Black college, Hispanic-serving institution, Asian-serving institution, Native Hawaiian-serving institution, or tribal college. The term "historically Black college" means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965. The term "Hispanic-serving institution" has the meaning given that term in section 502 of the Higher Education Act of 1965. The term "institution of higher education" has the meaning given that term in section 101 of the Higher Education Act of 1965. The term "small business concern" has the meaning given that term in section 3 of the Small Business Act. And the term "tribal college" has the same meaning as the term "tribally controlled college or university" under section 2(a)(4) of the Tribally Controlled Community College Assistance Act of 1978 (25 USC. 1801(a)(4)).

Minority Entrepreneurship and Business Development Act - Requires the Director of the Minority Small Business Development Agency (Agency) to make grants to an educational institution, association, or organization: (1) to assist in establishing an enterprise curriculum for studies. And (2) for placement of a Minority Business Enterprise Center within such institution, association, or organization. Requires an entity receiving a grant to: (1) develop a curriculum and capacity training requirement that includes training in various skill sets needed by successful entrepreneurs. And (2) open such a Center. Limits grants to $1.5 million per fiscal year, and grant duration to three years. Establishes within the Agency an Office of Minority Entrepreneurship and Business Development, administered by an Associate Director.

To establish the Minority Entrepreneurship and Business Development Program, and for other purposes.

114_hr5133

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Hospital Enhancement and Long Term Health Act of 2016''. SEC. 2. GREATER AVAILABILITY OF COMMUNITY FACILITIES GRANTS FOR RURAL HOSPITALS. (a) In General.--Section 306(a)(19) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end the following: ``(C) Special rules applicable to grants for hospitals.--In the case of a grant under this paragraph for a hospital: ``(i) Maximum grant.--The maximum amount of such a grant shall be $100,000. ``(ii) No financing requirement.--The Secretary may not condition the provision of such a grant on the inability of the applicant to finance the proposed project, in whole or in part, from the resources of the applicant, through commercial credit at reasonable rates and terms, or from any other funding source. ``(iii) Federal share.--The amount of such a grant shall not exceed 50 percent of the cost of developing the hospital.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 3. REAUTHORIZATION OF PROGRAM OF GRANTS TO STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act (42 U.S.C. 254r) is amended to read as follows: ``SEC. 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH. ``(a) In General.--The Secretary, acting through the Director of the Office of Rural Health Policy (established in section 711 of the Social Security Act), shall make grants to each State Office of Rural Health for the purpose of improving health care in rural areas. ``(b) Requirement of Matching Funds.-- ``(1) In general.--Subject to paragraph (2), the Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees, with respect to the costs to be incurred in carrying out the purpose described in such subsection, to provide non-Federal contributions toward such costs in an amount equal to $3 for each $1 of Federal funds provided in the grant. ``(2) Waiver or reduction.--The Secretary may waive or reduce the non-Federal contribution if the State Office of Rural Health can demonstrate that requiring matching funds would limit its ability to carry out the purpose described in subsection (a). ``(3) Determination of amount of non-federal contribution.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(c) Certain Required Activities.--Activities for which grant dollars shall be awarded under subsection (a) include-- ``(1) maintaining within the State Office of Rural Health a clearinghouse for collecting and disseminating information on-- ``(A) rural health care issues; ``(B) research findings relating to rural health care; and ``(C) innovative approaches to the delivery of health care in rural areas; ``(2) coordinating the activities carried out in the State that relate to rural health care, including providing coordination for the purpose of avoiding redundancy in such activities; and ``(3) identifying Federal and State programs regarding rural health, and providing technical assistance to public and nonprofit private entities regarding participation in such programs. ``(d) Requirement Regarding Annual Budget for Office.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that, for any fiscal year for which the State Office of Rural Health receives such a grant, the office operated pursuant to subsection (a) will be provided with an annual budget of not less than $50,000. ``(e) Certain Uses of Funds.-- ``(1) Restrictions.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that the grant will not be expended-- ``(A) to provide health care (including providing cash payments regarding such care); ``(B) to conduct activities for which Federal funds are expended-- ``(i) within the State to provide technical and other nonfinancial assistance under subsection (f) of section 330; ``(ii) under a memorandum of agreement entered into with the State Office of Rural Health under subsection (h) of such section; or ``(iii) under a grant under section 338I; ``(C) to purchase medical equipment, to purchase ambulances, aircraft, or other vehicles, or to purchase major communications equipment; ``(D) to purchase or improve real property; or ``(E) to carry out any activity regarding a certificate of need. ``(2) Authorities.--Activities for which a State Office of Rural Health may expend a grant under subsection (a) include-- ``(A) paying the costs of maintaining such Office for the purpose described in subsection (a); ``(B) subject to paragraph (1)(B)(iii), paying the costs of any activity carried out with respect to recruiting and retaining health professionals to serve in rural areas of the State; and ``(C) providing grants and contracts to public and nonprofit private entities to carry out activities authorized in this section. ``(f) Reports.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees-- ``(1) to submit to the Secretary reports or performance data containing such information as the Secretary may require regarding activities carried out under this section; and ``(2) to submit such a report or performance data not later than the close of the fiscal year immediately following any fiscal year for which the State Office of Rural Health has received such a grant. ``(g) Requirement of Application.--The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(h) Noncompliance.--The Secretary may not make payments under subsection (a) to a State Office of Rural Health for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State Office of Rural Health has complied with each of the agreements made by the State Office of Rural Health under this section. ``(i) Definitions.--In this section: ``(1) The term `State' means each of the several States. ``(2) The term `State Office of Rural Health' means, with respect to a State, the agency or office that is primarily responsible for improving health care in rural areas. ``(j) Authorization of Appropriations.-- ``(1) In general.--For the purpose of making grants under subsection (a), there are authorized to be appropriated, $15,000,000 for fiscal year 2017 and such sums as may be necessary for fiscal years 2018 through 2021. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. SEC. 4. ANNUAL STUDY AND REPORT ON RURAL HOSPITALS. (a) Study.--The Secretary of Health and Human Services shall, with respect to the first fiscal year beginning after the date of the enactment of this Act and each fiscal year thereafter, conduct an annual study on the following: (1) The number of rural hospitals that closed in such fiscal year. (2) With respect to the rural hospitals that so closed in such fiscal year, the reasons for such closures. (3) With respect to the rural hospitals that so closed in such fiscal year, the effect such closure had on patient access to care for the given area. (4) With respect to each category of rural hospitals described in subsection (b), the financial well-being of the rural hospitals in such category during such fiscal year. (b) Categories Described.--The categories of rural hospitals described in this subsection are the following: (1) Rural hospitals that are critical access hospitals (as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1))). (2) Rural hospitals that are sole community hospitals (as defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))). (3) Rural hospitals that are a medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G) of such Act (42 U.S.C. 1395ww(d)(5)(G))). (4) Any other such category of rural hospitals that the Secretary of Health and Human Services determines appropriate. (c) Definition of Rural Hospital.--For purposes of this section, the term ``rural hospital'' means a hospital located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D))). (d) Report.--With respect to each study conducted pursuant to subsection (a) with respect to a fiscal year, the Secretary of Health and Human Services shall, not later than December 31 of the following fiscal year, submit to Congress and to each State office of rural health (as described in section 338J(a) of the Public Health Service Act (42 U.S.C. 254r(a))) a report on such study.

Rural Hospital Enhancement and Long Term Health Act of 2016 This bill revises the Consolidated Farm and Rural Development Act by increasing the maximum grant amount for hospitals under the community facilities grant program. The Department of Health and Human Services (HHS) may not condition grants on the inability of applicants to finance their projects. The bill amends the Public Health Service Act by reauthorizing through FY2021 and revising the grant program for state offices of rural health, including by requiring HHS to make the grants, thus removing HHS' discretion to make them. HHS must report annually to Congress and each state office of rural health on rural hospitals' closures.

Rural Hospital Enhancement and Long Term Health Act of 2016

11,104

697

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rural Hospital Enhancement and Long Term Health Act of 2016". <SECTION-HEADER> GREATER AVAILABILITY OF COMMUNITY FACILITIES GRANTS FOR RURAL HOSPITALS. In General. Section 306(a)(19) of the Consolidated Farm and Rural Development Act (7 USC. 1926(a)(19)) is amended by adding at the end the following: Special rules applicable to grants for hospitals. In the case of a grant under this paragraph for a hospital: Maximum grant. The maximum amount of such a grant shall be $100,000. No financing requirement. The Secretary may not condition the provision of such a grant on the inability of the applicant to finance the proposed project, in whole or in part, from the resources of the applicant, through commercial credit at reasonable rates and terms, or from any other funding source. Federal share. The amount of such a grant shall not exceed 50 percent of the cost of developing the hospital.". Effective Date. The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. <SECTION-HEADER> REAUTHORIZATION OF PROGRAM OF GRANTS TO STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act is amended to read as follows: "Section 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH. In General. The Secretary, acting through the Director of the Office of Rural Health Policy , shall make grants to each State Office of Rural Health for the purpose of improving health care in rural areas. Requirement of Matching Funds. In general. Subject to paragraph (2), the Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees, with respect to the costs to be incurred in carrying out the purpose described in such subsection, to provide non-Federal contributions toward such costs in an amount equal to $3 for each $1 of Federal funds provided in the grant. Waiver or reduction. The Secretary may waive or reduce the non-Federal contribution if the State Office of Rural Health can demonstrate that requiring matching funds would limit its ability to carry out the purpose described in subsection (a). Determination of amount of non-federal contribution. Non-Federal contributions required in paragraph may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. Certain Required Activities. Activities for which grant dollars shall be awarded under subsection (a) include maintaining within the State Office of Rural Health a clearinghouse for collecting and disseminating information on rural health care issues, research findings relating to rural health care. And innovative approaches to the delivery of health care in rural areas. Coordinating the activities carried out in the State that relate to rural health care, including providing coordination for the purpose of avoiding redundancy in such activities. And identifying Federal and State programs regarding rural health, and providing technical assistance to public and nonprofit private entities regarding participation in such programs. Requirement Regarding Annual Budget for Office. The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that, for any fiscal year for which the State Office of Rural Health receives such a grant, the office operated pursuant to subsection (a) will be provided with an annual budget of not less than $50,000. Certain Uses of Funds. Restrictions. The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that the grant will not be expended to provide health care. To conduct activities for which Federal funds are expended within the State to provide technical and other nonfinancial assistance under subsection (f) of section 330. Under a memorandum of agreement entered into with the State Office of Rural Health under subsection (h) of such section, or under a grant under section 338I. To purchase medical equipment, to purchase ambulances, aircraft, or other vehicles, or to purchase major communications equipment, to purchase or improve real property. Or to carry out any activity regarding a certificate of need. Authorities. Activities for which a State Office of Rural Health may expend a grant under subsection (a) include paying the costs of maintaining such Office for the purpose described in subsection (a). Subject to paragraph (1)(B)(iii), paying the costs of any activity carried out with respect to recruiting and retaining health professionals to serve in rural areas of the State. And providing grants and contracts to public and nonprofit private entities to carry out activities authorized in this section. Reports. The Secretary may not make a grant under subsection unless the State Office of Rural Health involved agrees to submit to the Secretary reports or performance data containing such information as the Secretary may require regarding activities carried out under this section. And to submit such a report or performance data not later than the close of the fiscal year immediately following any fiscal year for which the State Office of Rural Health has received such a grant. Requirement of Application. The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. Noncompliance. The Secretary may not make payments under subsection (a) to a State Office of Rural Health for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State Office of Rural Health has complied with each of the agreements made by the State Office of Rural Health under this section. Definitions. In this section: The term `State' means each of the several States. The term `State Office of Rural Health' means, with respect to a State, the agency or office that is primarily responsible for improving health care in rural areas. Authorization of Appropriations. In general. For the purpose of making grants under subsection (a), there are authorized to be appropriated, $15,000,000 for fiscal year 2017 and such sums as may be necessary for fiscal years 2018 through 2021. Availability. Amounts appropriated under paragraph shall remain available until expended.". <SECTION-HEADER> ANNUAL STUDY AND REPORT ON RURAL HOSPITALS. Study. The Secretary of Health and Human Services shall, with respect to the first fiscal year beginning after the date of the enactment of this Act and each fiscal year thereafter, conduct an annual study on the following: The number of rural hospitals that closed in such fiscal year. With respect to the rural hospitals that so closed in such fiscal year, the reasons for such closures. With respect to the rural hospitals that so closed in such fiscal year, the effect such closure had on patient access to care for the given area. With respect to each category of rural hospitals described in subsection (b), the financial well-being of the rural hospitals in such category during such fiscal year. Categories Described. The categories of rural hospitals described in this subsection are the following: Rural hospitals that are critical access hospitals (as defined in section 1861(mm)(1) of the Social Security Act (42 USC. 1395x(mm)(1))). Rural hospitals that are sole community hospitals (as defined in section 1886(d)(5)(D)(iii) of such Act (42 USC. 1395ww(d)(5)(D)(iii))). Rural hospitals that are a medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G) of such Act (42 USC. 1395ww(d)(5)(G))). Any other such category of rural hospitals that the Secretary of Health and Human Services determines appropriate. Definition of Rural Hospital. For purposes of this section, the term "rural hospital" means a hospital located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (42 USC. 1395ww(d)(2)(D))). Report. With respect to each study conducted pursuant to subsection (a) with respect to a fiscal year, the Secretary of Health and Human Services shall, not later than December 31 of the following fiscal year, submit to Congress and to each State office of rural health (as described in section 338J(a) of the Public Health Service Act (42 USC. 254r(a))) a report on such study.

Rural Hospital Enhancement and Long Term Health Act of 2016 This bill revises the Consolidated Farm and Rural Development Act by increasing the maximum grant amount for hospitals under the community facilities grant program. The Department of Health and Human Services (HHS) may not condition grants on the inability of applicants to finance their projects. The bill amends the Public Health Service Act by reauthorizing through FY2021 and revising the grant program for state offices of rural health, including by requiring HHS to make the grants, thus removing HHS' discretion to make them. HHS must report annually to Congress and each state office of rural health on rural hospitals' closures.

Rural Hospital Enhancement and Long Term Health Act of 2016

115_hr3030

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elie Wiesel Genocide and Atrocities Prevention Act of 2018''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States affirms the critical importance of strengthening the United States Government's efforts at atrocity prevention and response through interagency coordination such as the Atrocities Prevention Board (referred to in this section as the ``Board'') or successor entity. In carrying out the work of the Board or successor entity, appropriate officials of the United States Government should-- (1) meet regularly to monitor developments throughout the world that heighten the risk of atrocities; (2) identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity prevention and response; (3) facilitate the development and implementation of policies to enhance the capacity of the United States to prevent and respond to atrocities worldwide; (4) provide the President with recommendations to improve policies, programs, resources, and tools related to atrocity prevention and response; (5) conduct outreach, including consultations, not less frequently than biannually, with representatives of nongovernmental organizations and civil society dedicated to atrocity prevention and response; (6) operate with regular consultation and participation of designated interagency representatives of relevant Federal agencies, executive departments, or offices; and (7) ensure funds are made available for the policies, programs, resources, and tools related to atrocity prevention and response, including through mechanisms such as the Complex Crises Fund or other related accounts. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) regard the prevention of genocide and other atrocities as in its national security interests; (2) mitigate threats to United States security by addressing the root causes of insecurity and violent conflict to prevent-- (A) the mass slaughter of civilians; (B) conditions that prompt internal displacement and the flow of refugees across borders; and (C) other violence that wreaks havoc on regional stability and livelihoods; (3) enhance the capacity of the United States to identify, prevent, address, and respond to the drivers of atrocities and violent conflict as part of the United States' humanitarian, development, and strategic interests; and (4) pursue a Government-wide strategy to prevent and respond to the risk of genocide and other atrocities by-- (A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government; (B) improving the use of foreign assistance to respond early, effectively, and urgently in order to address the root causes and drivers of violence, and systemic patterns of human rights abuses and atrocities; (C) strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocities; (D) supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large; (E) promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity; and (F) employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by-- (i) placing a high priority on timely, preventive diplomatic efforts; and (ii) exercising a leadership role in promoting international efforts to end crises peacefully. SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES PREVENTION. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) instruction on recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peacebuilding, mediation for prevention, early action and response, and transitional justice measures to address atrocities.''; and (2) by adding at the end the following new subsection: ``(d) Definition.--In this section, the term `peacebuilding' means nonviolent activities designed to prevent conflict through-- ``(1) addressing root causes of violence; ``(2) promoting sustainable peace; ``(3) delegitimizing violence as a dispute resolution strategy; ``(4) building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances; and ``(5) reducing vulnerability to triggers that may spark violence.''. SEC. 5. REPORTS. Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 6 years, the President shall transmit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report, with a classified annex if necessary, that includes-- (1) a review, in consultation with appropriate interagency representatives, consisting of a detailed description of-- (A) current efforts based on United States and locally identified indicators, including capacities and constraints for Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to situations of genocide and atrocities and other mass violence, such as gender-based violence and violence against religious minorities; (B) recommendations to further strengthen United States capabilities described in subparagraph (A); (C) funding expended by relevant Federal departments and agencies on atrocities prevention activities, including transitional justice measures and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support conflict and atrocities prevention activities in countries identified to be at risk of atrocities; (D) current annual Government global assessments of sources of instability, conflict, and atrocities, the outcomes and findings of such assessments, and, where relevant, a review of activities, and the efficacy of such activities, that the Atrocities Prevention Board or successor entity undertook to respond to sources of instability, conflict, and atrocities; (E) consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions; (F) countries and regions at risk of atrocities, including a description of most likely pathways to violence, specific risk factors, potential groups of perpetrators, and at-risk target groups; and (G) instruction on recognizing patterns of escalation and early warning signs of potential atrocities and methods of conflict assessment, peace- building, mediation for prevention, early action and response, and transitional justice measures to address atrocities in the Federal training programs for Foreign Service officers; (2) recommendations to ensure shared responsibility by-- (A) enhancing multilateral mechanisms for preventing atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response; and (B) strengthening regional organizations; (3) implementation status of the recommendations contained in such review; and (4) identification of the Federal departments and agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report. SEC. 6. DEFINITION. In this Act, the term ``genocide'' means an offense under subsection (a) of section 1091 of title 18, United States Code, or any substantially similar conduct. Passed the House of Representatives July 17, 2018. Attest: KAREN L. HAAS, Clerk.

Elie Wiesel Genocide and Atrocities Prevention Act of 2018 This bill states that it shall be US policy to regard the prevention of genocide and other atrocities as in its national security interests. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service officers in recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peace building, and early response. The President shall report to Congress regarding US actions to prevent and respond to potential genocides and mass atrocities and countries and regions at risk of atrocities, including descriptions of potential perpetrators and target groups.

Elie Wiesel Genocide and Atrocities Prevention Act of 2017

11,596

745

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Elie Wiesel Genocide and Atrocities Prevention Act of 2018". <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of Congress that the United States affirms the critical importance of strengthening the United States Government's efforts at atrocity prevention and response through interagency coordination such as the Atrocities Prevention Board or successor entity. In carrying out the work of the Board or successor entity, appropriate officials of the United States Government should meet regularly to monitor developments throughout the world that heighten the risk of atrocities. Identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity prevention and response. Facilitate the development and implementation of policies to enhance the capacity of the United States to prevent and respond to atrocities worldwide. Provide the President with recommendations to improve policies, programs, resources, and tools related to atrocity prevention and response. Conduct outreach, including consultations, not less frequently than biannually, with representatives of nongovernmental organizations and civil society dedicated to atrocity prevention and response. Operate with regular consultation and participation of designated interagency representatives of relevant Federal agencies, executive departments, or offices. And ensure funds are made available for the policies, programs, resources, and tools related to atrocity prevention and response, including through mechanisms such as the Complex Crises Fund or other related accounts. <SECTION-HEADER> STATEMENT OF POLICY. It shall be the policy of the United States to regard the prevention of genocide and other atrocities as in its national security interests. Mitigate threats to United States security by addressing the root causes of insecurity and violent conflict to prevent the mass slaughter of civilians. Conditions that prompt internal displacement and the flow of refugees across borders. And other violence that wreaks havoc on regional stability and livelihoods. Enhance the capacity of the United States to identify, prevent, address, and respond to the drivers of atrocities and violent conflict as part of the United States' humanitarian, development, and strategic interests. And pursue a Government-wide strategy to prevent and respond to the risk of genocide and other atrocities by strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government. Improving the use of foreign assistance to respond early, effectively, and urgently in order to address the root causes and drivers of violence, and systemic patterns of human rights abuses and atrocities. Strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocities. Supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large. Promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity. And employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by placing a high priority on timely, preventive diplomatic efforts. And exercising a leadership role in promoting international efforts to end crises peacefully. <SECTION-HEADER> TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES PREVENTION. Section 708 of the Foreign Service Act of 1980 is amended in subsection (a)(1) in subparagraph (B), by striking "and" at the end. In subparagraph (C), by striking the period at the end and inserting ", and". And by adding at the end the following new subparagraph: instruction on recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peacebuilding, mediation for prevention, early action and response, and transitional justice measures to address atrocities.". And by adding at the end the following new subsection: Definition. In this section, the term `peacebuilding' means nonviolent activities designed to prevent conflict through addressing root causes of violence, promoting sustainable peace, delegitimizing violence as a dispute resolution strategy. Building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances. And reducing vulnerability to triggers that may spark violence.". <SECTION-HEADER> REPORTS. Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 6 years, the President shall transmit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report, with a classified annex if necessary, that includes a review, in consultation with appropriate interagency representatives, consisting of a detailed description of current efforts based on United States and locally identified indicators, including capacities and constraints for Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to situations of genocide and atrocities and other mass violence, such as gender-based violence and violence against religious minorities. Recommendations to further strengthen United States capabilities described in subparagraph (A). Funding expended by relevant Federal departments and agencies on atrocities prevention activities, including transitional justice measures and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support conflict and atrocities prevention activities in countries identified to be at risk of atrocities. Current annual Government global assessments of sources of instability, conflict, and atrocities, the outcomes and findings of such assessments, and, where relevant, a review of activities, and the efficacy of such activities, that the Atrocities Prevention Board or successor entity undertook to respond to sources of instability, conflict, and atrocities. Consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions. Countries and regions at risk of atrocities, including a description of most likely pathways to violence, specific risk factors, potential groups of perpetrators, and at-risk target groups. And instruction on recognizing patterns of escalation and early warning signs of potential atrocities and methods of conflict assessment, peace- building, mediation for prevention, early action and response, and transitional justice measures to address atrocities in the Federal training programs for Foreign Service officers. Recommendations to ensure shared responsibility by enhancing multilateral mechanisms for preventing atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response, and strengthening regional organizations, implementation status of the recommendations contained in such review. And identification of the Federal departments and agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report. <SECTION-HEADER> DEFINITION. In this Act, the term "genocide" means an offense under subsection (a) of section 1091 of title 18, United States Code, or any substantially similar conduct. Passed the House of Representatives July 17, 2018. Attest: KAREN L. HAAS, Clerk.

Elie Wiesel Genocide and Atrocities Prevention Act of 2018 This bill states that it shall be US policy to regard the prevention of genocide and other atrocities as in its national security interests. The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service officers in recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peace building, and early response. The President shall report to Congress regarding US actions to prevent and respond to potential genocides and mass atrocities and countries and regions at risk of atrocities, including descriptions of potential perpetrators and target groups.

Elie Wiesel Genocide and Atrocities Prevention Act of 2017

105_hr1841

SECTION 1. SMALL BUSINESS EXCLUSION. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION FOR SMALL BUSINESSES AND FAMILY FARMS. ``(a) In General.--The value of the gross estate shall not include the value of the qualified small business or family farm interests of the decedent otherwise includible in the estate. ``(b) Qualified Small Business or Family Farm Interest.-- ``(1) In general.--For purposes of this section, the term `qualified small business or family farm interest' means-- ``(A) any interest in a closely held business which is the business of farming, if the decedent was actively engaged in such business, and ``(B) any interest in a small business, if more than 40 percent of the adjusted value of the gross estate consists of the value of interests in a closely held business. ``(2) Limitation.--Such term shall not include any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)). ``(3) Rules regarding ownership.-- ``(A) Ownership of entities.--For purposes of paragraph (1)-- ``(i) Corporations.--Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. ``(ii) Partnerships.--Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. ``(B) Ownership of tiered entities.--For purposes of this section, if by reason of holding an interest in a trade or business, a decedent or any member of the decedent's family is treated as holding an interest in any other trade or business-- ``(i) such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a qualified small business interest, and ``(ii) this section shall be applied separately in determining if such interest in any other trade or business is a qualified small business interest. ``(C) Individual ownership rules.--For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph (1) shall be considered as being owned proportionately by or for the entity's shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Interest in closely held business.--The term `interest in a closely held business' has the meaning given such term by section 6166(b). ``(2) Interest in a small business.--The term `interest in a small business' means an interest in a closely held business, as defined in section 6166(b), provided such a business has 100 or fewer employees. For purposes of the preceding sentence, any persons whose relationship is described in section 267(b) or section 707(b) shall be treated as one business. ``(3) Adjusted gross estate.--The term `adjusted value of the gross estate' means the value of the gross estate (determined without regard to this section) reduced by any amount deductible under paragraph (3) or (4) of section 2053(a). ``(4) Applicable rules.--Rules similar to the following rules shall apply: ``(A) Section 2032A(b)(4) (relating to decedents who are retired or disabled). ``(B) Section 2032A(b)(5) (relating to special rules for surviving spouses). ``(C) Section 2032A(e)(10) (relating to community property). ``(D) Section 2032A(e)(14) (relating to treatment of replacement property acquired in section 1031 or 1033 transactions). ``(E) Section 6166(b)(3) (relating to farmhouses and certain other structures taken into account). ``(5) Coordination with other estate tax benefits.--If there is a reduction in the value of the gross estate under this section-- ``(A) the dollar limitation applicable under section 2032A(a)(2), and ``(B) the $1,000,000 dollar amount under section 6601(j)(2) (as adjusted), shall each be reduced (but not below zero) by the amount of such reduction.'' (b) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion for small businesses and family farms.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2000.

Amends the Internal Revenue Code to exclude from the gross estate of an individual the value of the qualified small business or family farm interest otherwise includible in the estate. Sets forth rules regarding ownership and personal holding company limitations.

To amend the Internal Revenue Code of 1986 to repeal the death tax for family farms and small businesses.

6,456

263

<SECTION-HEADER> SMALL BUSINESS EXCLUSION. In General. Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after section 2033 the following new section: "Section 2033A. EXCLUSION FOR SMALL BUSINESSES AND FAMILY FARMS. In General. The value of the gross estate shall not include the value of the qualified small business or family farm interests of the decedent otherwise includible in the estate. Qualified Small Business or Family Farm Interest. In general. For purposes of this section, the term `qualified small business or family farm interest' means any interest in a closely held business which is the business of farming, if the decedent was actively engaged in such business, and any interest in a small business, if more than 40 percent of the adjusted value of the gross estate consists of the value of interests in a closely held business. Limitation. Such term shall not include any interest in a trade or business not described in section 542(c)(2), if more than 35 percent of the adjusted ordinary gross income of such trade or business for the taxable year which includes the date of the decedent's death would qualify as personal holding company income (as defined in section 543(a)). Rules regarding ownership. Ownership of entities. For purposes of paragraph (1) Corporations. Ownership of a corporation shall be determined by the holding of stock possessing the appropriate percentage of the total combined voting power of all classes of stock entitled to vote and the appropriate percentage of the total value of shares of all classes of stock. Partnerships. Ownership of a partnership shall be determined by the owning of the appropriate percentage of the capital interest in such partnership. Ownership of tiered entities. For purposes of this section, if by reason of holding an interest in a trade or business, a decedent or any member of the decedent's family is treated as holding an interest in any other trade or business such ownership interest in the other trade or business shall be disregarded in determining if the ownership interest in the first trade or business is a qualified small business interest, and this section shall be applied separately in determining if such interest in any other trade or business is a qualified small business interest. Individual ownership rules. For purposes of this section, an interest owned, directly or indirectly, by or for an entity described in paragraph shall be considered as being owned proportionately by or for the entity's shareholders, partners, or beneficiaries. A person shall be treated as a beneficiary of any trust only if such person has a present interest in such trust. Definitions and Special Rules. For purposes of this section Interest in closely held business. The term `interest in a closely held business' has the meaning given such term by section 6166(b). Interest in a small business. The term `interest in a small business' means an interest in a closely held business, as defined in section 6166(b), provided such a business has 100 or fewer employees. For purposes of the preceding sentence, any persons whose relationship is described in section 267(b) or section 707(b) shall be treated as one business. Adjusted gross estate. The term `adjusted value of the gross estate' means the value of the gross estate reduced by any amount deductible under paragraph (3) or (4) of section 2053(a). Applicable rules. Rules similar to the following rules shall apply: Section 2032A(b)(4) . Section 2032A(b)(5) . Section 2032A(e)(10) . Section 2032A(e)(14) . Section 6166(b)(3) . Coordination with other estate tax benefits. If there is a reduction in the value of the gross estate under this section the dollar limitation applicable under section 2032A(a)(2), and the $1,000,000 dollar amount under section 6601(j)(2) , shall each be reduced by the amount of such reduction." Clerical Amendment. The table of sections for part III of subchapter A of chapter 11 is amended by inserting after the item relating to section 2033 the following new item: "Section 2033A. Exclusion for small businesses and family farms." Effective Date. The amendments made by this section shall apply to estates of decedents dying after December 31, 2000.

Amends the Internal Revenue Code to exclude from the gross estate of an individual the value of the qualified small business or family farm interest otherwise includible in the estate. Sets forth rules regarding ownership and personal holding company limitations.

To amend the Internal Revenue Code of 1986 to repeal the death tax for family farms and small businesses.

113_hr3822

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Wingate Land Division Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) In January 1993, the active mission of the Fort Wingate Depot Activity, located in McKinley County, New Mexico (in this Act referred to as ``Former Fort Wingate Depot Activity''), ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (2) The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and the Navajo Nation, as indicated by tribal ancestral histories and the large number of archeological and cultural sites identified on the lands. (3) The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that, upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation. (4) On July 8, 2013, the Zuni Tribe and Navajo Nation, acting through their respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Lujan and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity. (5) In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled ``Fort Wingate Depot Activity Negotiated Property Division July 2013'' prepared by the Army Corps of Engineers (in this Act referred to as the ``Map''), and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation. (6) This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation. SEC. 3. DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT ZUNI TRIBE AND NAVAJO NATION. (a) Immediate Trust on Behalf of Zuni Tribe; Exception.--Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Zuni Tribe of the Zuni Reservation as part of the Zuni Reservation, unless the Zuni Tribe elects under subparagraphs (B) and (C) of subsection (c)(3) to have specified parcels of the lands conveyed to the Zuni Tribe in Restricted Fee Status. (b) Immediate Trust on Behalf of Navajo Nation; Exception.--Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in green on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects under subsection (c)(3) to have specified parcels of the lands conveyed to the Navajo Nation in restricted fee status. (c) Subsequent Transfer and Trust; Restricted Fee Status Alternative.-- (1) Transfer upon completion of remediation.--Not later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. (2) Notification of transfer.--Not later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. (3) Trust or restricted fee status.-- (A) Trust.--Except as provided in subparagraph (B), the Secretary of Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust-- (i) for the Zuni Tribe, in the case of land depicted in blue on the Map; or (ii) for the Navajo Nation, in the case of land depicted in green on the Map. (B) Restricted fee status alternative.--In lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status. (C) Notification of election.--Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status. (D) Conveyance.--As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than six months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be. (E) Restricted fee status defined.--For purposes of this Act only, the term ``restricted fee status'', with respect to land conveyed under subparagraph (D), means that the land so conveyed-- (i) shall be owned in fee by the Indian tribe to whom the land is conveyed; (ii) shall be part of the Indian tribe's Reservation and expressly made subject to the jurisdiction of the Indian Tribe; (iii) shall not be sold by the Indian tribe without the consent of Congress; (iv) shall not be subject to taxation by any government other than the government of the Indian tribe; and (v) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party. (d) Survey and Boundary Requirements.-- (1) In general.--The Secretary of the Interior shall-- (A) provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c); and (B) establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. (2) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities. (e) Relation to Certain Regulations.--Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c). SEC. 4. RETENTION OF NECESSARY EASEMENTS AND ACCESS. (a) Easements for Cleanup and Remediation.--The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection. (b) Shared Access.-- (1) Parcel 1 shared cultural and religious access.--In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within one year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior. (2) Other shared access.--Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites. (c) I-25 Frontage Road Entrance.--The entire access road for Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 25 and leads to the parcel of Former Fort Wingate Depot Activity depicted as ``administration area'' on the Map, shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity. (d) Department of Defense Access to Missile Defense Agency Facility.--Lands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to such easements as may be reasonably required to permit Department of Defense access to the Missile Defense Agency facility at Former Fort Wingate Depot Activity. SEC. 5. ENVIRONMENTAL REMEDIATION. (a) Responsibility for Cleanup.--Nothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department. (b) Liability.--Neither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (c) Treatment of Claims Against Tribes.-- (1) In general.--The Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. (2) Notification requirement.--After a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel. (d) Effect of Environmental Certification.--Certification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.

Fort Wingate Land Division Act of 2014 - Declares that all interest of the United States in and to certain lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, and transferred to the Secretary of the Interior are to be held in trust for the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have specified parcels of those lands conveyed to it in restricted fee status. Declares that all interest of the United States in and to specified lands of the former Fort Wingate Depot Activity and transferred to the Secretary are to be held in trust for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have specified parcels of those lands conveyed to it in restricted fee status. Subjects the lands of the former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of the Activity for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the former Fort Wingate Depot Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Declares that the entire access road for the former Fort Wingate Depot Activity shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to such easements as may be reasonably required to permit the Department of Defense (DOD) access to the Missile Defense Agency facility at the former Fort Wingate Depot Activity. Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it.

Fort Wingate Land Division Act of 2014

14,565

1,949

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fort Wingate Land Division Act of 2014". <SECTION-HEADER> FINDINGS. Congress finds the following: In January 1993, the active mission of the Fort Wingate Depot Activity, located in McKinley County, New Mexico , ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act . The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and the Navajo Nation, as indicated by tribal ancestral histories and the large number of archeological and cultural sites identified on the lands. The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that, upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation. On July 8, 2013, the Zuni Tribe and Navajo Nation, acting through their respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Lujan and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity. In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled "Fort Wingate Depot Activity Negotiated Property Division July 2013" prepared by the Army Corps of Engineers , and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation. This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation. <SECTION-HEADER> DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT ACTIVITY, NEW MEXICO, TO BENEFIT ZUNI TRIBE AND NAVAJO NATION. Immediate Trust on Behalf of Zuni Tribe. Exception. Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Zuni Tribe of the Zuni Reservation as part of the Zuni Reservation, unless the Zuni Tribe elects under subparagraphs (B) and of subsection (c)(3) to have specified parcels of the lands conveyed to the Zuni Tribe in Restricted Fee Status. Immediate Trust on Behalf of Navajo Nation. Exception. Subject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to lands of Former Fort Wingate Depot Activity depicted in green on the Map and transferred to the Secretary of the Interior before the date of enactment of this Act are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects under subsection (c)(3) to have specified parcels of the lands conveyed to the Navajo Nation in restricted fee status. Subsequent Transfer and Trust. Restricted Fee Status Alternative. Transfer upon completion of remediation. Not later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. Notification of transfer. Not later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. Trust or restricted fee status. Trust. Except as provided in subparagraph (B), the Secretary of Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust for the Zuni Tribe, in the case of land depicted in blue on the Map. Or for the Navajo Nation, in the case of land depicted in green on the Map. Restricted fee status alternative. In lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status. Notification of election. Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status. Conveyance. As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than six months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be. Restricted fee status defined. For purposes of this Act only, the term "restricted fee status", with respect to land conveyed under subparagraph (D), means that the land so conveyed shall be owned in fee by the Indian tribe to whom the land is conveyed. Shall be part of the Indian tribe's Reservation and expressly made subject to the jurisdiction of the Indian Tribe. Shall not be sold by the Indian tribe without the consent of Congress. Shall not be subject to taxation by any government other than the government of the Indian tribe. And shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party. Survey and Boundary Requirements. In general. The Secretary of the Interior shall provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c). And establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. Consultation. Not later than 90 days after the date of the enactment of this Act, the Secretary of Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities. Relation to Certain Regulations. Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c). <SECTION-HEADER> RETENTION OF NECESSARY EASEMENTS AND ACCESS. Easements for Cleanup and Remediation. The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection. Shared Access. Parcel 1 shared cultural and religious access. In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within one year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior. Other shared access. Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites. I-25 Frontage Road Entrance. The entire access road for Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 25 and leads to the parcel of Former Fort Wingate Depot Activity depicted as "administration area" on the Map, shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity. Department of Defense Access to Missile Defense Agency Facility. Lands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to such easements as may be reasonably required to permit Department of Defense access to the Missile Defense Agency facility at Former Fort Wingate Depot Activity. <SECTION-HEADER> ENVIRONMENTAL REMEDIATION. Responsibility for Cleanup. Nothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department. Liability. Neither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. Treatment of Claims Against Tribes. In general. The Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread. Notification requirement. After a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel. Effect of Environmental Certification. Certification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.

Fort Wingate Land Division Act of 2014 - Declares that all interest of the United States in and to certain lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, and transferred to the Secretary of the Interior are to be held in trust for the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have specified parcels of those lands conveyed to it in restricted fee status. Declares that all interest of the United States in and to specified lands of the former Fort Wingate Depot Activity and transferred to the Secretary are to be held in trust for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have specified parcels of those lands conveyed to it in restricted fee status. Subjects the lands of the former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of the Activity for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the former Fort Wingate Depot Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Declares that the entire access road for the former Fort Wingate Depot Activity shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to such easements as may be reasonably required to permit the Department of Defense (DOD) access to the Missile Defense Agency facility at the former Fort Wingate Depot Activity. Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it.

Fort Wingate Land Division Act of 2014

103_s356

SECTION 1. SHORT TITLE. This Act may be cited as the ``Possessions Wage Credit Act of 1993''. SEC. 2. REPLACEMENT OF POSSESSION TAX CREDIT WITH WAGE-BASED EMPLOYMENT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45A. POSSESSIONS EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the possessions employment credit determined under this section with respect to any eligible employer for any taxable year is 40 percent of the qualified possession wages paid or incurred during such taxable year. ``(b) Qualified Possession Wages.--For purposes of this section, the term `qualified possession wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified possession employee to the extent such wages do not exceed $20,000. ``(c) Qualified Possession Employee.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified possession employee' means, with respect to any period, any employee of an eligible employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a possession of the United States in a trade or business of the employer, ``(B) such employee is a bona fide resident of such possession, and ``(C) such employee is subject to tax by such possession on income from sources within and without such possession. ``(2) Certain individuals not eligible.--The term `qualified possession employee' shall not include-- ``(A) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), ``(B) any 5-percent owner (as defined in section 416(i)(1)(B)), and ``(C) any individual unless such individual either-- ``(i) is employed by the employer at least 90 days, or ``(ii) has completed at least 120 hours of services performed for the employer. ``(d) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means a domestic corporation which-- ``(A) elects the application of this section, and ``(B) meets the conditions of both subparagraphs (A) and (B) of paragraph (2). ``(2) Conditions which must be satisfied.--The conditions referred to in paragraph (1) are as follows: ``(A) 3-year period.--If 80 percent or more of the gross income of such domestic corporation for the 3- year period immediately preceding the close of the taxable year (or for such part of such period immediately preceding the close of such taxable year as may be applicable) was derived from sources within a possession of the United States (determined without regard to section 904(f)). ``(B) Trade or business.--If 75 percent or more of the gross income of such domestic corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Possession.--The term `possession of the United States' includes the Commonwealth of Puerto Rico and the Virgin Islands. ``(2) Wages.--The term `wages' has the same meaning as when used in section 51, except that paragraph (4) of section 51(c) shall not apply. ``(3) Treatment of certain foreign taxes.--For purposes of this title, any tax of a foreign country or possession of the United States which is paid or accrued with respect to taxable income of an eligible employer for any taxable year for which an election is in effect under this section shall not be treated as income, war profits, or excess profits paid or accrued to a foreign country or possession of the United States. The preceding sentence shall not apply to the extent such amounts exceed the amount of the credit determined under subsection (a) for such taxable year. ``(4) Controlled groups.-- ``(A) Treated as single employer.--All employers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this section. ``(B) Proportionate share.--The credit (if any) determined under this section with respect to each employer described in subparagraph (A) shall be such employer's proportionate share of the wages giving rise to such credit. ``(5) Denial of double benefit.--No credit or deduction shall be allowable under any other provision of this title with respect to any wages taken into account in computing the credit allowed by this section. ``(6) Certain other rules made applicable.--Rules similar to the rules of section 51(k) and subsections (c), (d), and (e) of section 52 shall apply. ``(f) Transition Rules.--For purposes of this section-- ``(1) In general.--In the case of a taxpayer for which a credit is allowed under section 936 for its last taxable year ending before February 16, 1993, the credit determined under subsection (a) for each of the 5 taxable years in the transition period shall not be less than the lesser of-- ``(A) the old section 936 amount, or ``(B) the adjusted wage credit. ``(2) Old section 936 amount.--For purposes of paragraph (1)(A)-- ``(A) In general.--The term `old section 936 amount' means, with respect to any taxable year, the applicable percentage of the lesser of-- ``(i) the amount of the credit which would have been determined under section 936 but for section 936(i), or ``(ii) 115 percent of the average amount of the credit under section 936 of the taxpayer and its predecessors for the 3-taxable-year period ending with the taxpayer's last taxable year ending before February 16, 1993 (not taking into account years in which the taxpayer or any predecessor was not in existence). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined as follows: ``In the case of the following year in The percent- the transition period: age is: 1st.............................. 100 2d............................... 100 3d............................... 75 4th.............................. 50 5th.............................. 25. ``(3) Adjusted wage credit.--For purposes of paragraph (1)(B)-- ``(A) In general.--The term `adjusted wage credit' means, with respect to any taxable year, the amount determined under subsection (a) by substituting the applicable percentage for 40 percent. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined as follows: ``In the case of the following year in The percent- the transition period: age is: 1st.............................. 100 2d............................... 100 3d............................... 85 4th.............................. 70 5th.............................. 55. ``(4) Treatment of additional credit.--If an additional credit is allowed to a taxpayer for any taxable year by reason of this subsection, then, for purposes of this title-- ``(A) an election under section 936 shall be treated as in effect with respect to such taxpayer for such taxable year, and ``(B) the excess of the credit allowed under this section for such taxable year over the amount of the credit which would have been allowed without regard to this subsection shall be treated as a credit allowed by section 936. ``(5) Transition period.--For purposes of this subsection, the term `transition period' means the 5-taxable-year period beginning with the taxable year which includes February 16, 1993.''. (b) Termination of Section 936 Credit.-- (1) In general.--Section 936 of such Code is amended by adding at the end the following new subsection: ``(i) Termination.--Except as provided in section 45A(f)(4), no credit shall be allowed under this section for any taxable year ending on or after February 16, 1993.''. (2) Conforming amendment.--Section 27(b) of such Code is amended by adding at the end the following new sentence: ``Except as provided in section 45A(f)(4), no credit shall be allowed under this subsection for any taxable year ending on or after February 16, 1993.''. (c) Credit Allowed as Business Credit.-- (1) In general.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(9) the possessions employment credit under section 45A(a).''. (2) Transition.--Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(4) No carryback of possessions employment credit.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45A may be carried back to any taxable year ending before February 16, 1993.''. (d) Conforming Amendments.-- (1) Sections 243(b)(1)(B)(ii) and 1361(b)(2)(D) of such Code are each amended by inserting ``45A or'' before ``936''. (2) Section 1504(b)(4) of such Code is amended by inserting ``section 45A (relating to possessions employment credit) or'' before ``section 936''. (3) Clause (ii) of section 6091(b)(2)(B) of such Code is amended by inserting ``section 45A (relating to possessions employment credit) or'' before ``section 936''. (4) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45A. Possessions employment credit.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after February 16, 1993. SEC. 3. EXTENSION AND MODIFICATION OF DEDUCTION OF HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) 18-Month Extension.--Paragraph (6) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended by striking ``June 30, 1992'' and inserting ``December 31, 1993''. (b) Increase in Amount of Deduction.--Section 162(l)(1) of such Code is amended by striking ``25 percent of''. (c) Conforming Amendment.--Paragraph (2) of section 110(a) of the Tax Extension Act of 1991 is hereby repealed. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years ending after June 30, 1992. (2) Increase.--The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1992.

Possessions Wage Credit Act of 1993 - Amends the Internal Revenue Code to allow a possessions employment credit for wages paid or incurred by an employer for services performed by an employee within a possession of the United States, if such employee is a bona fide resident of such possession and is subject to its tax on income from sources within and without such possession. Terminates the Puerto Rico and possession tax credit.

Possessions Wage Credit Act of 1993

13,736

432

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Possessions Wage Credit Act of 1993". <SECTION-HEADER> REPLACEMENT OF POSSESSION TAX CREDIT WITH WAGE-BASED EMPLOYMENT CREDIT. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 45A. POSSESSIONS EMPLOYMENT CREDIT. Amount of Credit. For purposes of section 38, the amount of the possessions employment credit determined under this section with respect to any eligible employer for any taxable year is 40 percent of the qualified possession wages paid or incurred during such taxable year. Qualified Possession Wages. For purposes of this section, the term `qualified possession wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified possession employee to the extent such wages do not exceed $20,000. Qualified Possession Employee. For purposes of this section In general. Except as otherwise provided in this subsection, the term `qualified possession employee' means, with respect to any period, any employee of an eligible employer if substantially all of the services performed during such period by such employee for such employer are performed within a possession of the United States in a trade or business of the employer, such employee is a bona fide resident of such possession, and such employee is subject to tax by such possession on income from sources within and without such possession. Certain individuals not eligible. The term `qualified possession employee' shall not include any individual described in subparagraph (A). or (C) of section 51(i)(1), any 5-percent owner (as defined in section 416(i)(1)(B)), and any individual unless such individual either is employed by the employer at least 90 days, or has completed at least 120 hours of services performed for the employer. Eligible Employer. For purposes of this section In general. The term `eligible employer' means a domestic corporation which elects the application of this section, and meets the conditions of both subparagraphs and (B) of paragraph (2). Conditions which must be satisfied. The conditions referred to in paragraph (1) are as follows: 3-year period. If 80 percent or more of the gross income of such domestic corporation for the 3- year period immediately preceding the close of the taxable year was derived from sources within a possession of the United States (determined without regard to section 904(f)). Trade or business. If 75 percent or more of the gross income of such domestic corporation for such period or such part thereof was derived from the active conduct of a trade or business within a possession of the United States. Other Definitions and Special Rules. For purposes of this section Possession. The term `possession of the United States' includes the Commonwealth of Puerto Rico and the Virgin Islands. Wages. The term `wages' has the same meaning as when used in section 51, except that paragraph (4) of section 51(c) shall not apply. Treatment of certain foreign taxes. For purposes of this title, any tax of a foreign country or possession of the United States which is paid or accrued with respect to taxable income of an eligible employer for any taxable year for which an election is in effect under this section shall not be treated as income, war profits, or excess profits paid or accrued to a foreign country or possession of the United States. The preceding sentence shall not apply to the extent such amounts exceed the amount of the credit determined under subsection (a) for such taxable year. Controlled groups. Treated as single employer. All employers treated as a single employer under subsection (a) or of section 52 shall be treated as a single employer for purposes of this section. Proportionate share. The credit determined under this section with respect to each employer described in subparagraph (A) shall be such employer's proportionate share of the wages giving rise to such credit. Denial of double benefit. No credit or deduction shall be allowable under any other provision of this title with respect to any wages taken into account in computing the credit allowed by this section. Certain other rules made applicable. Rules similar to the rules of section 51(k) and subsections (c), (d), and (e) of section 52 shall apply. Transition Rules. For purposes of this section In general. In the case of a taxpayer for which a credit is allowed under section 936 for its last taxable year ending before February 16, 1993, the credit determined under subsection (a) for each of the 5 taxable years in the transition period shall not be less than the lesser of the old section 936 amount, or the adjusted wage credit. Old section 936 amount. For purposes of paragraph (A) In general. The term `old section 936 amount' means, with respect to any taxable year, the applicable percentage of the lesser of the amount of the credit which would have been determined under section 936 but for section 936(i), or 115 percent of the average amount of the credit under section 936 of the taxpayer and its predecessors for the 3-taxable-year period ending with the taxpayer's last taxable year ending before February 16, 1993 . Applicable percentage. For purposes of subparagraph (A), the applicable percentage shall be determined as follows: "In the case of the following year in The percent- the transition period: age is: 1st............... 100 2d................ 100 3d................ 75 4th............... 50 5th............... 25. Adjusted wage credit. For purposes of paragraph (B) In general. The term `adjusted wage credit' means, with respect to any taxable year, the amount determined under subsection (a) by substituting the applicable percentage for 40 percent. Applicable percentage. For purposes of subparagraph (A), the applicable percentage shall be determined as follows: "In the case of the following year in The percent- the transition period: age is: 1st............... 100 2d................ 100 3d................ 85 4th............... 70 5th............... 55. Treatment of additional credit. If an additional credit is allowed to a taxpayer for any taxable year by reason of this subsection, then, for purposes of this title an election under section 936 shall be treated as in effect with respect to such taxpayer for such taxable year, and the excess of the credit allowed under this section for such taxable year over the amount of the credit which would have been allowed without regard to this subsection shall be treated as a credit allowed by section 936. Transition period. For purposes of this subsection, the term `transition period' means the 5-taxable-year period beginning with the taxable year which includes February 16, 1993.". Termination of Section 936 Credit. In general. Section 936 of such Code is amended by adding at the end the following new subsection: Termination. Except as provided in section 45A(f)(4), no credit shall be allowed under this section for any taxable year ending on or after February 16, 1993.". Conforming amendment. Section 27(b) of such Code is amended by adding at the end the following new sentence: "Except as provided in section 45A(f)(4), no credit shall be allowed under this subsection for any taxable year ending on or after February 16, 1993.". Credit Allowed as Business Credit. In general. Section 38(b) of such Code is amended by striking "plus" at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ", plus", and by adding at the end the following new paragraph: the possessions employment credit under section 45A(a).". Transition. Section 39(d) of such Code is amended by adding at the end the following new paragraph: No carryback of possessions employment credit. No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45A may be carried back to any taxable year ending before February 16, 1993.". Conforming Amendments. Sections 243(b)(1)(B)(ii) and 1361(b)(2)(D) of such Code are each amended by inserting "45A or" before "936". Section 1504(b)(4) of such Code is amended by inserting "section 45A or" before "section 936". Clause (ii) of section 6091(b)(2)(B) of such Code is amended by inserting "section 45A or" before "section 936". The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Section 45A. Possessions employment credit.". Effective Date. The amendments made by this section shall apply to taxable years ending on or after February 16, 1993. <SECTION-HEADER> EXTENSION AND MODIFICATION OF DEDUCTION OF HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. 18-Month Extension. Paragraph (6) of section 162(l) of the Internal Revenue Code of 1986 is amended by striking "June 30, 1992" and inserting "December 31, 1993". Increase in Amount of Deduction. Section 162(l)(1) of such Code is amended by striking "25 percent of". Conforming Amendment. Paragraph (2) of section 110(a) of the Tax Extension Act of 1991 is hereby repealed. Effective Dates. In general. The amendments made by this section shall apply to taxable years ending after June 30, 1992. Increase. The amendment made by subsection (b) shall apply to taxable years beginning after December 31, 1992.

Possessions Wage Credit Act of 1993 - Amends the Internal Revenue Code to allow a possessions employment credit for wages paid or incurred by an employer for services performed by an employee within a possession of the United States, if such employee is a bona fide resident of such possession and is subject to its tax on income from sources within and without such possession. Terminates the Puerto Rico and possession tax credit.

Possessions Wage Credit Act of 1993

115_hr3595

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Families Act''. SEC. 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. (a) In General.-- (1) Allowance of credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. ``(a) Establishment of Credit.-- ``(1) In general.--For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to the applicable percentage of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 12.5 percent increased (but not above 25 percent) by 0.25 percentage points for each percentage point by which the rate of payment (as described under subsection (c)(1)(B)) exceeds 50 percent. ``(b) Limitation.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any employee for any taxable year shall not exceed an amount equal to the product of the normal hourly wage rate of such employee for each hour (or fraction thereof) of actual services performed for the employer and the number of hours (or fraction thereof) for which family and medical leave is taken. ``(2) Non-hourly wage rate.--For purposes of paragraph (1), in the case of any employee who is not paid on an hourly wage rate, the wages of such employee shall be prorated to an hourly wage rate under regulations established by the Secretary, in consultation with the Secretary of Labor. ``(3) Maximum amount of leave subject to credit.--The amount of family and medical leave that may be taken into account with respect to any employee under subsection (a) for any taxable year shall not exceed 12 weeks. ``(c) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means any employer who has in place a policy that meets the following requirements: ``(A) The policy provides-- ``(i) in the case of a qualifying employee who is not a part-time employee (as defined in section 4980E(d)(4)(B)), not less than 2 weeks of annual paid family and medical leave, and ``(ii) in the case of a qualifying employee who is a part-time employee, an amount of annual paid family and medical leave that is not less than an amount which bears the same ratio to the amount of annual paid family and medical leave that is provided to a qualifying employee described in clause (i) as-- ``(I) the number of hours the employee is expected to work during any week, bears to ``(II) the number of hours an equivalent qualifying employee described in clause (i) is expected to work during the week. ``(B) The policy requires that the rate of payment under the program is not less than 50 percent of the wages normally paid to such employee for services performed for the employer. ``(2) Special rule for certain employers.-- ``(A) In general.--An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave in compliance with a policy which ensures that the employer-- ``(i) will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and ``(ii) will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. ``(B) Added employer; added employee.--For purposes of this paragraph-- ``(i) Added employee.--The term `added employee' means a qualifying employee who is not covered by title I of the Family and Medical Leave Act of 1993, as amended. ``(ii) Added employer.--The term `added employer' means an eligible employer (determined without regard to this paragraph), whether or not covered by that title I, who offers paid family and medical leave to added employees. ``(3) Aggregation rule.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(4) Treatment of benefits mandated or paid for by state or local governments.--For purposes of this section, any leave which is paid by a State or local government or required by State or local law shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. ``(5) No inference.--Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection (a) or recapturing the benefit of such credit) for failure to comply with the requirements of this subsection. ``(d) Qualifying Employees.--For purposes of this section, the term `qualifying employee' means any employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938, as amended) who-- ``(1) has been employed by the employer for 1 year or more, and ``(2) for the preceding year, had compensation not in excess of an amount equal to 60 percent of the amount applicable for such year under clause (i) of section 414(q)(1)(B). ``(e) Family and Medical Leave.-- ``(1) In general.--Except as provided in paragraph (2), for purposes of this section, the term `family and medical leave' means leave for any one or more of the purposes described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, as amended, whether the leave is provided under that Act or by a policy of the employer. ``(2) Exclusion.--If an employer provides paid leave as vacation leave, personal leave, or medical or sick leave (other than leave specifically for one or more of the purposes referred to in paragraph (1)), that paid leave shall not be considered to be family and medical leave under paragraph (1). ``(3) Definitions.--In this subsection, the terms `vacation leave', `personal leave', and `medical or sick leave' mean those 3 types of leave, within the meaning of section 102(d)(2) of that Act. ``(f) Wages.--For purposes of this section, the term `wages' has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. ``(g) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. ``(h) Termination.--This section shall not apply to wages paid in any taxable year beginning after the date which is 5 years after the date of the enactment of the Strong Families Act.''. (b) Credit Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a).''. (c) Credit Allowed Against AMT.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (d) Conforming Amendments.-- (1) Denial of double benefit.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (2) Election to have credit not apply.--Section 6501(m) of such Code is amended by inserting ``45S(g),'' after ``45H(g),''. (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Employer credit for paid family and medical leave.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid in taxable years beginning after the date of the enactment of this Act. SEC. 3. GAO STUDY OF IMPACT OF TAX CREDIT TO PROMOTE ACCESS TO PAID FAMILY AND MEDICAL LEAVE. (a) Study.--Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall-- (1) complete a study that-- (A) examines the effectiveness of the tax credit for paid family and medical leave authorized under section 45S of the Internal Revenue Code of 1986 (as added by this Act) in terms of-- (i) increasing access to paid family and medical leave among qualifying employees; (ii) promoting the creation of new paid family and medical leave policies among eligible employers; (iii) increasing the generosity of existing paid family and medical leave policies among eligible employers; and (iv) incentivizing employee or employer behavior that might not otherwise have occurred in the absence of the credit; (B) provides recommendations for ways to modify or enhance the tax credit to further promote access to paid family and medical leave for qualifying employees; (C) provides suggestions of alternative policies that Federal and State governments could implement to increase access to paid family and medical leave, particularly among qualifying employees; and (2) prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under paragraph (1) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available via the website of the Government Accountability Office. (b) Prohibition.--In carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers and employees claiming the credit under section 45S of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers or employees beyond what is already required by law.

Strong Families Act This bill amends the Internal Revenue Code to: (1)nbsp. Allow certain employers a business-related tax credit for a specified percentage of the amount of wages paid to their employees during any period in which such employees are onnbsp. Family and medical leave, (2) limit the allowable amount of such credit with respect to any employee to the product of the normal hourly wage rate of such employee for each hour of actual services performed for the employer and the number of hours for which family and medical leave is taken, and (3) terminate such credit five years after the enactment of this bill. The Government Accountability Office shall completenbsp. A study on the effectiveness of the tax credit for paid family and medical leave.

Strong Families Act

13,304

764

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Strong Families Act". <SECTION-HEADER> EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. In General. Allowance of credit. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. Establishment of Credit. In general. For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to the applicable percentage of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. Applicable percentage. For purposes of paragraph , the term `applicable percentage' means 12.5 percent increased by 0.25 percentage points for each percentage point by which the rate of payment (as described under subsection (c)(1)(B)) exceeds 50 percent. Limitation. In general. The credit allowed under subsection (a) with respect to any employee for any taxable year shall not exceed an amount equal to the product of the normal hourly wage rate of such employee for each hour of actual services performed for the employer and the number of hours for which family and medical leave is taken. Non-hourly wage rate. For purposes of paragraph (1), in the case of any employee who is not paid on an hourly wage rate, the wages of such employee shall be prorated to an hourly wage rate under regulations established by the Secretary, in consultation with the Secretary of Labor. Maximum amount of leave subject to credit. The amount of family and medical leave that may be taken into account with respect to any employee under subsection (a) for any taxable year shall not exceed 12 weeks. Eligible Employer. For purposes of this section In general. The term `eligible employer' means any employer who has in place a policy that meets the following requirements: The policy provides in the case of a qualifying employee who is not a part-time employee (as defined in section 4980E(d)(4)(B)), not less than 2 weeks of annual paid family and medical leave, and in the case of a qualifying employee who is a part-time employee, an amount of annual paid family and medical leave that is not less than an amount which bears the same ratio to the amount of annual paid family and medical leave that is provided to a qualifying employee described in clause (i) as the number of hours the employee is expected to work during any week, bears to the number of hours an equivalent qualifying employee described in clause (i) is expected to work during the week. The policy requires that the rate of payment under the program is not less than 50 percent of the wages normally paid to such employee for services performed for the employer. Special rule for certain employers. In general. An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave in compliance with a policy which ensures that the employer will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. Added employer. Added employee. For purposes of this paragraph Added employee. The term `added employee' means a qualifying employee who is not covered by title I of the Family and Medical Leave Act of 1993, as amended. Added employer. The term `added employer' means an eligible employer , whether or not covered by that title I, who offers paid family and medical leave to added employees. Aggregation rule. All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. Treatment of benefits mandated or paid for by state or local governments. For purposes of this section, any leave which is paid by a State or local government or required by State or local law shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. No inference. Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection for failure to comply with the requirements of this subsection. Qualifying Employees. For purposes of this section, the term `qualifying employee' means any employee (as defined in section 3 who has been employed by the employer for 1 year or more, and for the preceding year, had compensation not in excess of an amount equal to 60 percent of the amount applicable for such year under clause (i) of section 414(q)(1)(B). Family and Medical Leave. In general. Except as provided in paragraph (2), for purposes of this section, the term `family and medical leave' means leave for any one or more of the purposes described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, as amended, whether the leave is provided under that Act or by a policy of the employer. Exclusion. If an employer provides paid leave as vacation leave, personal leave, or medical or sick leave (other than leave specifically for one or more of the purposes referred to in paragraph (1)), that paid leave shall not be considered to be family and medical leave under paragraph (1). Definitions. In this subsection, the terms `vacation leave', `personal leave', and `medical or sick leave' mean those 3 types of leave, within the meaning of section 102(d)(2) of that Act. Wages. For purposes of this section, the term `wages' has the meaning given such term by subsection (b) of section 3306 . Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. Election To Have Credit Not Apply. In general. A taxpayer may elect to have this section not apply for any taxable year. Other rules. Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. Termination. This section shall not apply to wages paid in any taxable year beginning after the date which is 5 years after the date of the enactment of the Strong Families Act.". Credit Part of General Business Credit. Section 38(b) of the Internal Revenue Code of 1986 is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph and inserting ", plus", and by adding at the end the following new paragraph: in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a).". Credit Allowed Against AMT. Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (vi) the following new clause: the credit determined under section 45S,". Conforming Amendments. Denial of double benefit. Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting "45S(a)," after "45P(a),". Election to have credit not apply. Section 6501(m) of such Code is amended by inserting "45S(g)," after "45H(g),". Clerical amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Section 45S. Employer credit for paid family and medical leave.". Effective Date. The amendments made by this section shall apply to wages paid in taxable years beginning after the date of the enactment of this Act. <SECTION-HEADER> GAO STUDY OF IMPACT OF TAX CREDIT TO PROMOTE ACCESS TO PAID FAMILY AND MEDICAL LEAVE. Study. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall complete a study that examines the effectiveness of the tax credit for paid family and medical leave authorized under section 45S of the Internal Revenue Code of 1986 in terms of increasing access to paid family and medical leave among qualifying employees. Promoting the creation of new paid family and medical leave policies among eligible employers. Increasing the generosity of existing paid family and medical leave policies among eligible employers. And incentivizing employee or employer behavior that might not otherwise have occurred in the absence of the credit. Provides recommendations for ways to modify or enhance the tax credit to further promote access to paid family and medical leave for qualifying employees. Provides suggestions of alternative policies that Federal and State governments could implement to increase access to paid family and medical leave, particularly among qualifying employees. And prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under paragraph (1) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available via the website of the Government Accountability Office. Prohibition. In carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers and employees claiming the credit under section 45S of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers or employees beyond what is already required by law.

Strong Families Act This bill amends the Internal Revenue Code to: (1)nbsp. Allow certain employers a business-related tax credit for a specified percentage of the amount of wages paid to their employees during any period in which such employees are onnbsp. Family and medical leave, (2) limit the allowable amount of such credit with respect to any employee to the product of the normal hourly wage rate of such employee for each hour of actual services performed for the employer and the number of hours for which family and medical leave is taken, and (3) terminate such credit five years after the enactment of this bill. The Government Accountability Office shall completenbsp. A study on the effectiveness of the tax credit for paid family and medical leave.

Strong Families Act

114_hr4390

SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson-O'Malley Supplemental Indian Education Program Modernization Act''. SEC. 2. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. The Act of April 16, 1934 (25 U.S.C. 452 et seq.) (commonly known as the ``Johnson-O'Malley Act''), is amended by adding at the end the following: ``SEC. 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. ``(a) Definitions.--In this section: ``(1) Elementary school.--The term `elementary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(2) Eligible entity.--The term `eligible entity' means an entity that educates or serves Indian students and is-- ``(A) a tribal organization; ``(B) an Indian corporation; ``(C) a school district; ``(D) a State; or ``(E) a consortium of tribal organizations. ``(3) Eligible indian student.--The term `eligible Indian student' means an Indian student who is eligible under section 273.12 of title 25, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(4) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(5) Secondary school.--The term `secondary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(6) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs. ``(7) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ``(b) Establishment.--The Secretary, in coordination with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts and to monitor and review contractual obligations with eligible entities to provide educational benefits to eligible Indian students. ``(c) Uses of Funds.--An eligible entity that enters into a contract under subsection (b) shall use the funds available under the contract for the educational benefit of eligible Indian students-- ``(1) to establish and carry out programs, or to expand and carry out programs in existence before the period of time covered by the contract, to provide-- ``(A) remedial instruction, counseling, and cultural programs; ``(B) courses related to science, technology, engineering, and mathematics; ``(C) school supplies and other items that enable students to participate in curricular and extra- curricular programs; or ``(D) activities that were available to Indian students under contracts entered into under this Act before October 1, 2012; ``(2) to establish targeted, culturally sensitive, dropout prevention activities; and ``(3) to purchase equipment to facilitate-- ``(A) training for professional trade skills; and ``(B) intensified college preparation programs. ``(d) Computation of Awards.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall base the amount that an eligible entity receives under a contract entered into under subsection (b) for any fiscal year on the number of eligible Indian students of the eligible entity, as determined by the Secretary under paragraph (2). ``(2) Determination of number of eligible indian students.-- ``(A) In general.--The Secretary shall determine the number of eligible Indian students of an eligible entity in accordance with this paragraph. ``(B) Initial determination.--Not later than 1 year after the date of enactment of this section, the Secretary shall publish a report describing the number of potentially eligible Indian students of each eligible entity, using data described in subparagraph (D) from, as determined by the Secretary, the most applicable, accurate, and current of-- ``(i) the Bureau of the Census; or ``(ii) the National Center for Education Statistics. ``(C) Reconciliation.--After publishing the report under subparagraph (B), the Secretary, in coordination with the Director of the Bureau of Indian Education, shall consult with entities party to a contract under subsection (b)-- ``(i) to establish a process to reconcile the data described in the report published under subparagraph (B) with-- ``(I) data described in subparagraph (D) of entities party to a contract under subsection (b); and ``(II) tribal enrollment information; and ``(ii) to determine an accurate number of eligible Indian students of each eligible entity. ``(D) Data use.-- ``(i) In general.--Subject to clause (ii), the Secretary shall use data from not earlier than the fiscal year preceding the fiscal year for which an eligible entity is applying for a contract under subsection (b) to determine the number of eligible Indian students. ``(ii) New contractors.--To determine the number of eligible Indian students of an entity party to a contract under subsection (b) that the Secretary recognized as an eligible entity during or after fiscal year 2012, the Secretary shall, for the first year of the period of time covered by the contract, use data of the school districts served by the entity for the fiscal year for which the entity is applying for a contract under subsection (b). ``(3) Hold harmless.--An eligible entity that educates or serves eligible Indian students attending a public school that has been afforded supplemental services under a contract under this Act that took effect during or before fiscal year 1995 shall receive an amount under a contract entered into under subsection (b) equal to or greater than the amount that the eligible entity would have received under the contract entered into under this Act during or before fiscal year 1995, for a period of time ending not sooner than 2 years after the date of enactment of this section. ``(4) Funding reform.--The Secretary shall submit to Congress recommendations for legislation to provide resources to restore the amount of funds available through contracts under this Act per Indian student to the amount of funds available through contracts under this Act per Indian student during fiscal year 1995. ``(e) Additional Considerations.-- ``(1) Geographic coverage and enhanced participation.--In entering into contracts under subsection (b), the Secretary shall, to the maximum extent practicable, ensure-- ``(A) full geographic coverage; and ``(B) the full participation of eligible entities. ``(2) Increased participation of eligible entities.--To the maximum extent practicable, the Secretary shall-- ``(A) contact and consult with Indian tribes and school districts with significant populations of eligible Indian students that have not previously contracted under this Act; and ``(B) determine the interest in and eligibility for administering services under this Act of the Indian tribes and school districts described in subparagraph (A). ``(3) Complementary program participants.--In entering into contracts under subsection (b), the Secretary may give preference to a consortium of tribal organizations, including a consortium of tribal organizations that includes a Tribal College or University, to encourage as many students and professionals as possible to benefit from the program established under subsection (b). ``(f) Annual Report.--The Secretary shall include in the budget request of the Department of the Interior for each fiscal year an annual assessment of the program established under subsection (b). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.

Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either a tribal organization, an Indian corporation, a school district, a state, or a consortium of tribal organizations. An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities, (2) establish targeted, culturally sensitive, dropout prevention activities. And (3) purchase equipment to facilitate training in trade skills and college preparation. In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity. With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities.

Johnson-O'Malley Supplemental Indian Education Program Modernization Act

9,930

1,117

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Johnson-O'Malley Supplemental Indian Education Program Modernization Act". <SECTION-HEADER> SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. The Act of April 16, 1934 , is amended by adding at the end the following: "Section 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. Definitions. In this section: Elementary school. The term `elementary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. Eligible entity. The term `eligible entity' means an entity that educates or serves Indian students and is a tribal organization, an Indian corporation, a school district, a State. Or a consortium of tribal organizations. Eligible indian student. The term `eligible Indian student' means an Indian student who is eligible under section 273.12 of title 25, Code of Federal Regulations . Indian tribe. The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act . Secondary school. The term `secondary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. Secretary. The term `Secretary' means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs. Tribal college or university. The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 USC. 1059c(b)). Establishment. The Secretary, in coordination with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts and to monitor and review contractual obligations with eligible entities to provide educational benefits to eligible Indian students. Uses of Funds. An eligible entity that enters into a contract under subsection (b) shall use the funds available under the contract for the educational benefit of eligible Indian students to establish and carry out programs, or to expand and carry out programs in existence before the period of time covered by the contract, to provide remedial instruction, counseling, and cultural programs, courses related to science, technology, engineering, and mathematics. School supplies and other items that enable students to participate in curricular and extra- curricular programs. Or activities that were available to Indian students under contracts entered into under this Act before October 1, 2012, to establish targeted, culturally sensitive, dropout prevention activities. And to purchase equipment to facilitate training for professional trade skills. And intensified college preparation programs. Computation of Awards. In general. Except as provided in paragraph (3), the Secretary shall base the amount that an eligible entity receives under a contract entered into under subsection (b) for any fiscal year on the number of eligible Indian students of the eligible entity, as determined by the Secretary under paragraph (2). Determination of number of eligible indian students. In general. The Secretary shall determine the number of eligible Indian students of an eligible entity in accordance with this paragraph. Initial determination. Not later than 1 year after the date of enactment of this section, the Secretary shall publish a report describing the number of potentially eligible Indian students of each eligible entity, using data described in subparagraph from, as determined by the Secretary, the most applicable, accurate, and current of the Bureau of the Census. Or the National Center for Education Statistics. Reconciliation. After publishing the report under subparagraph (B), the Secretary, in coordination with the Director of the Bureau of Indian Education, shall consult with entities party to a contract under subsection (b) to establish a process to reconcile the data described in the report published under subparagraph (B) with data described in subparagraph (D) of entities party to a contract under subsection (b), and tribal enrollment information. And to determine an accurate number of eligible Indian students of each eligible entity. Data use. In general. Subject to clause (ii), the Secretary shall use data from not earlier than the fiscal year preceding the fiscal year for which an eligible entity is applying for a contract under subsection (b) to determine the number of eligible Indian students. New contractors. To determine the number of eligible Indian students of an entity party to a contract under subsection (b) that the Secretary recognized as an eligible entity during or after fiscal year 2012, the Secretary shall, for the first year of the period of time covered by the contract, use data of the school districts served by the entity for the fiscal year for which the entity is applying for a contract under subsection (b). Hold harmless. An eligible entity that educates or serves eligible Indian students attending a public school that has been afforded supplemental services under a contract under this Act that took effect during or before fiscal year 1995 shall receive an amount under a contract entered into under subsection (b) equal to or greater than the amount that the eligible entity would have received under the contract entered into under this Act during or before fiscal year 1995, for a period of time ending not sooner than 2 years after the date of enactment of this section. Funding reform. The Secretary shall submit to Congress recommendations for legislation to provide resources to restore the amount of funds available through contracts under this Act per Indian student to the amount of funds available through contracts under this Act per Indian student during fiscal year 1995. Additional Considerations. Geographic coverage and enhanced participation. In entering into contracts under subsection (b), the Secretary shall, to the maximum extent practicable, ensure full geographic coverage. And the full participation of eligible entities. Increased participation of eligible entities. To the maximum extent practicable, the Secretary shall contact and consult with Indian tribes and school districts with significant populations of eligible Indian students that have not previously contracted under this Act. And determine the interest in and eligibility for administering services under this Act of the Indian tribes and school districts described in subparagraph . Complementary program participants. In entering into contracts under subsection (b), the Secretary may give preference to a consortium of tribal organizations, including a consortium of tribal organizations that includes a Tribal College or University, to encourage as many students and professionals as possible to benefit from the program established under subsection (b). Annual Report. The Secretary shall include in the budget request of the Department of the Interior for each fiscal year an annual assessment of the program established under subsection (b). Authorization of Appropriations. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.".

Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either a tribal organization, an Indian corporation, a school district, a state, or a consortium of tribal organizations. An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities, (2) establish targeted, culturally sensitive, dropout prevention activities. And (3) purchase equipment to facilitate training in trade skills and college preparation. In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity. With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities.

Johnson-O'Malley Supplemental Indian Education Program Modernization Act

111_s1732

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Hawaiian and Other Pacific Islander Health Data Act of 2009''. SEC. 2. NATIVE HAWAIIANS AND OTHER PACIFIC ISLANDER HEALTH DATA. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA. ``(a) Definitions.--In this section: ``(1) Community group.--The term `community group' means a group of NHOPI who are organized at the community level, and may include a church group, social service group, national advocacy organization, or cultural group. ``(2) Nonprofit, nongovernmental organization.--The term `nonprofit, nongovernmental organization' means a group of NHOPI with a demonstrated history of addressing NHOPI issues, including a NHOPI coalition. ``(3) Designated organization.--The term `designated organization' means an entity established to represent NHOPI populations and which has statutory responsibilities to provide, or has community support for providing, health care. ``(4) Government representatives.--The term `government representatives' means representatives from Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(5) Native hawaiians and other pacific islanders or nhopi.--The term `Native Hawaiians and Other Pacific Islanders' or `NHOPI' means people having origins in any of the original peoples of American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, Hawai`i, the Republic of the Marshall Islands, the Republic of Palau, or any other Pacific Island. ``(6) Insular area.--The term `insular area' means Guam, the Commonwealth of Northern Mariana Islands, American Samoa, the United States Virgin Islands, the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands. ``(b) National Strategy.-- ``(1) In general.--The Secretary, acting through the Director of the National Center for Health Statistics (referred to in this section as `NCHS') of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. ``(2) Consultation.--In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary-- ``(A) shall consult with representatives of community groups, designated organizations, and nonprofit, nongovernmental organizations and with government representatives of NHOPI populations; and ``(B) may solicit the participation of representatives from other Federal departments. ``(c) Preliminary Health Survey.-- ``(1) In general.--The Secretary, acting through the Director of NCHS, shall conduct a preliminary health survey in order to identify the major areas and regions in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands in which NHOPI people reside. ``(2) Contents.--The health survey described in paragraph (1) shall include health data and any other data the Secretary determines to be-- ``(A) useful in determining health status and health care needs; or ``(B) required for developing or implementing a national strategy. ``(3) Methodology.--Methodology for the health survey described in paragraph (1), including plans for designing questions, implementation, sampling, and analysis, shall be developed in consultation with community groups, designated organizations, nonprofit, nongovernmental organizations, and government representatives of NHOPI populations, as determined by the Secretary. ``(4) Timeframe.--The survey required under this subsection shall be completed not later than 18 months after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009. ``(d) Progress Report.--Not later than 2 years after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall submit to Congress a progress report, which shall include the national strategy described in subsection (b)(1). ``(e) Study and Report by the IOM.-- ``(1) In general.--The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study, with input from stakeholders in insular areas, on the following: ``(A) The standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions. ``(B) The status and performance of health care systems in insular areas, evaluated based upon standards and definitions, as the Secretary determines. ``(C) The effectiveness of donor aid in addressing health care needs and priorities in insular areas. ``(D) The progress toward implementation of recommendations of the Committee on Health Care Services in the United States-Associated Pacific Basin of the Institute of Medicine that are set forth in the 1998 report, `Pacific Partnerships for Health: Charting a New Course for the 21st Century'. ``(2) Report.--An agreement described in paragraph (1) shall require the Institute of Medicine to submit to the Secretary and to Congress, not later than 2 years after the date of the enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, a report containing a description of the results of the study conducted under paragraph (1), including the conclusions and recommendations of the Institute of Medicine for each of the items described in subparagraphs (A) through (D) of such paragraph. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2015.''.

Native Hawaiian and Other Pacific Islander Health Data Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. And (2) conduct a preliminary health survey to identify the major regions of such areas in which NHOPI people reside, including data the Secretary determines to be useful in determining health status and health care needs or required for developing or implementing the national strategy. Directs the Secretary to enter into an agreement with the Institute of Medicine to conduct a study on: (1) the standards and definitions of health care applied to health care systems in Guam, the Northern Mariana Islands, American Samoa, the U,S. Virgin Islands, Micronesia, Palau, or the Marshall Islands. (2) the status and performance of health care systems in such areas. (3) the effectiveness of donor aid in addressing health care needs and priorities in such areas. And (4) progress toward implementing recommendations of the Institute's Committee on Health Care Services in the United States-Associated Pacific Basin that are set forth in the 1998 report, Pacific Partnerships for Health, Charting a New Course for the 21st Century.

A bill to amend the Public Health Service Act to provide for health data regarding Native Hawaiians and other Pacific Islanders.

7,713

1,582

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Native Hawaiian and Other Pacific Islander Health Data Act of 2009". <SECTION-HEADER> NATIVE HAWAIIANS AND OTHER PACIFIC ISLANDER HEALTH DATA. Part B of title III of the Public Health Service Act is amended by inserting after section 317T the following: "Section 317U. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA. Definitions. In this section: Community group. The term `community group' means a group of NHOPI who are organized at the community level, and may include a church group, social service group, national advocacy organization, or cultural group. Nonprofit, nongovernmental organization. The term `nonprofit, nongovernmental organization' means a group of NHOPI with a demonstrated history of addressing NHOPI issues, including a NHOPI coalition. Designated organization. The term `designated organization' means an entity established to represent NHOPI populations and which has statutory responsibilities to provide, or has community support for providing, health care. Government representatives. The term `government representatives' means representatives from Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. Native hawaiians and other pacific islanders or nhopi. The term `Native Hawaiians and Other Pacific Islanders' or `NHOPI' means people having origins in any of the original peoples of American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, Hawai`i, the Republic of the Marshall Islands, the Republic of Palau, or any other Pacific Island. Insular area. The term `insular area' means Guam, the Commonwealth of Northern Mariana Islands, American Samoa, the United States Virgin Islands, the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands. National Strategy. In general. The Secretary, acting through the Director of the National Center for Health Statistics of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. Consultation. In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall consult with representatives of community groups, designated organizations, and nonprofit, nongovernmental organizations and with government representatives of NHOPI populations. And may solicit the participation of representatives from other Federal departments. Preliminary Health Survey. In general. The Secretary, acting through the Director of NCHS, shall conduct a preliminary health survey in order to identify the major areas and regions in the continental United States, Hawai`i, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands in which NHOPI people reside. Contents. The health survey described in paragraph shall include health data and any other data the Secretary determines to be useful in determining health status and health care needs. Or required for developing or implementing a national strategy. Methodology. Methodology for the health survey described in paragraph (1), including plans for designing questions, implementation, sampling, and analysis, shall be developed in consultation with community groups, designated organizations, nonprofit, nongovernmental organizations, and government representatives of NHOPI populations, as determined by the Secretary. Timeframe. The survey required under this subsection shall be completed not later than 18 months after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009. Progress Report. Not later than 2 years after the date of enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, the Secretary shall submit to Congress a progress report, which shall include the national strategy described in subsection (1). Study and Report by the IOM. In general. The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study, with input from stakeholders in insular areas, on the following: The standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions. The status and performance of health care systems in insular areas, evaluated based upon standards and definitions, as the Secretary determines. The effectiveness of donor aid in addressing health care needs and priorities in insular areas. The progress toward implementation of recommendations of the Committee on Health Care Services in the United States-Associated Pacific Basin of the Institute of Medicine that are set forth in the 1998 report, `Pacific Partnerships for Health: Charting a New Course for the 21st Century'. Report. An agreement described in paragraph (1) shall require the Institute of Medicine to submit to the Secretary and to Congress, not later than 2 years after the date of the enactment of the Native Hawaiian and Other Pacific Islander Health Data Act of 2009, a report containing a description of the results of the study conducted under paragraph (1), including the conclusions and recommendations of the Institute of Medicine for each of the items described in subparagraphs (A) through (D) of such paragraph. Authorization of Appropriations. To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2010 through 2015.".

Native Hawaiian and Other Pacific Islander Health Data Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. And (2) conduct a preliminary health survey to identify the major regions of such areas in which NHOPI people reside, including data the Secretary determines to be useful in determining health status and health care needs or required for developing or implementing the national strategy. Directs the Secretary to enter into an agreement with the Institute of Medicine to conduct a study on: (1) the standards and definitions of health care applied to health care systems in Guam, the Northern Mariana Islands, American Samoa, the U,S. Virgin Islands, Micronesia, Palau, or the Marshall Islands. (2) the status and performance of health care systems in such areas. (3) the effectiveness of donor aid in addressing health care needs and priorities in such areas. And (4) progress toward implementing recommendations of the Institute's Committee on Health Care Services in the United States-Associated Pacific Basin that are set forth in the 1998 report, Pacific Partnerships for Health, Charting a New Course for the 21st Century.

A bill to amend the Public Health Service Act to provide for health data regarding Native Hawaiians and other Pacific Islanders.

115_hr5606

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The evidence for human-induced climate change is overwhelming and undeniable. (2) Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation. (3) Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action. (4) Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment. (5) Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures. (6) More than 3,000,000 students graduate from high schools and colleges each year, armed with attitudes, skills, and knowledge about the climate that inform their actions. (7) The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime. (8) Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate. (9) It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States. (10) Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. SEC. 3. DEFINITIONS. In this Act: (1) Climate change education.--The term ``climate change education'' means informal and formal interdisciplinary learning at all age levels about-- (A) climate change, climate adaptation and mitigation, and climate resilience; and (B) the effects of climate change, climate adaptation and mitigation, and climate resilience on the environmental, energy, social, and economic systems of the United States. (2) Green collar job.--The term ``green collar job'' means a job-- (A) in a business that produces goods or provides services that benefit the environment or conserve natural resources; or (B) in which the duties of the worker involve making the production processes of the employer more environmentally friendly or use fewer natural resources. (3) Green economy.--The term ``green economy'' means an economy that results in improved human well-being and social equity by significantly reducing environmental risks and ecological scarcities. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM. The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to-- (1) increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences and potential solutions; (2) apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and informal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and (3) emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. SEC. 5. GRANT PROGRAM. (a) In General.--As part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants-- (1) to States to encourage and support plans and programs for kindergarten through grade 12 formal and informal climate change education-- (A) to ensure that students graduate from high school with high climate literacy, including-- (i) relevant teacher training and professional development; (ii) science, technology, engineering, arts and design, and mathematics education; and (iii) interdisciplinary studies; and (B) with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State educational agencies in partnership with local educational agencies and local nonprofit organizations to-- (i) integrate key principles of climate change education into existing kindergarten through grade 12 State academic content standards, student academic achievement standards, or State curriculum frameworks; (ii) create model State climate change curricula; (iii) develop and implement State teacher training programs; and (iv) support secondary school preparation or work-based experiences in green collar jobs; (2) to institutions of higher education to-- (A) improve the quality of and access to training, certification, and higher education for green collar jobs in the future green economy, such as green construction, design, technology, health, engineering, business, and policy studies, including sustainability science, and with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education; and (B) engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with a priority focus on communities impacted by climate change; and (3) to professional associations for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields. (b) Climate Change Education Office.--There shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, a Climate Change Education Office to administer the grant program required by subsection (a). SEC. 6. REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2019 through 2024 to carry out this Act.

Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions. Apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages. And help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education.

Climate Change Education Act

9,416

788

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Climate Change Education Act". <SECTION-HEADER> FINDINGS. Congress makes the following findings: The evidence for human-induced climate change is overwhelming and undeniable. Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation. Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action. Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment. Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures. More than 3,000,000 students graduate from high schools and colleges each year, armed with attitudes, skills, and knowledge about the climate that inform their actions. The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime. Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate. It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States. Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. <SECTION-HEADER> DEFINITIONS. In this Act: Climate change education. The term "climate change education" means informal and formal interdisciplinary learning at all age levels about climate change, climate adaptation and mitigation, and climate resilience. And the effects of climate change, climate adaptation and mitigation, and climate resilience on the environmental, energy, social, and economic systems of the United States. Green collar job. The term "green collar job" means a job in a business that produces goods or provides services that benefit the environment or conserve natural resources. Or in which the duties of the worker involve making the production processes of the employer more environmentally friendly or use fewer natural resources. Green economy. The term "green economy" means an economy that results in improved human well-being and social equity by significantly reducing environmental risks and ecological scarcities. Institution of higher education. The term "institution of higher education" has the meaning given the term in section 102 of the Higher Education Act of 1965 . Local educational agency. State educational agency. The terms "local educational agency" and "State educational agency" have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 . Nonprofit organization. The term "nonprofit organization" means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. <SECTION-HEADER> CLIMATE CHANGE EDUCATION PROGRAM. The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences and potential solutions. Apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and informal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds. And emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. <SECTION-HEADER> GRANT PROGRAM. In General. As part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants to States to encourage and support plans and programs for kindergarten through grade 12 formal and informal climate change education to ensure that students graduate from high school with high climate literacy, including relevant teacher training and professional development, science, technology, engineering, arts and design, and mathematics education, and interdisciplinary studies. And with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State educational agencies in partnership with local educational agencies and local nonprofit organizations to integrate key principles of climate change education into existing kindergarten through grade 12 State academic content standards, student academic achievement standards, or State curriculum frameworks, create model State climate change curricula, develop and implement State teacher training programs. And support secondary school preparation or work-based experiences in green collar jobs. To institutions of higher education to improve the quality of and access to training, certification, and higher education for green collar jobs in the future green economy, such as green construction, design, technology, health, engineering, business, and policy studies, including sustainability science, and with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education. And engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with a priority focus on communities impacted by climate change. And to professional associations for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields. Climate Change Education Office. There shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, a Climate Change Education Office to administer the grant program required by subsection (a). <SECTION-HEADER> REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2019 through 2024 to carry out this Act.

Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions. Apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages. And help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education.

Climate Change Education Act